Chairperson Smith called the meeting to order at 7:00 p.m., with a quorum present. Roll Call was taken by Commissioner Sloan.

Present: Pat Smith, Chairperson Perche Township

Michael Caruthers, Vice-Chairman Centralia Township

Mary Sloan, Secretary Rocky Fork Township

Mike Morgan Bourbon Township

Keith Neese Columbia Township

Carl Freiling Cedar Township

Kristen Heitkamp Missouri Township

David Mink, Director Public Works

Absent: None.

Also present: Stan Shawver, Director Bill Florea, Staff

Thad Yonke, Staff Paula Evans, Staff

Commissioner Neese made and Commissioner Sloan seconded a motion to approve the minutes of the December 20, 2001 meeting with no corrections.

Motion passed by acclamation.

Chairperson Smith explained that the Boone County Planning and Zoning Commission is an advisory commission to the County Commission. The Commission is made up of individuals representing each township of the county and the county engineer.

The Planning and Zoning Commission makes recommendations to the County Commission on matters dealing with land use. Tonightís agenda includes two conditional use permits, four rezoning requests, a review plan for a planned development and six subdivision plats.

The following procedure will be followed for the conditional use permits and the rezoning requests:

The agenda item will be announced, followed by a report from the Planning Department Staff. At that time, the applicant or their representative may make a presentation to the commission. The Commission may request additional information at that time, or later following the hearing. After the applicantís presentation, the floor will be opened for anyone wishing to speak in support of the request.

Please give your name and mailing address when you address the commission. We also request that you sign the sheet on the table when you testify.

Next, the floor will be given over to those who may be opposed to the request. Direct all comments or questions to the commission and please restrict your comments to the matter under discussion.

After those opposed to the request have had an opportunity to speak, the applicant will have a chance to respond to the concerns of those opposed to the request. Next the staff will be given an opportunity for any additional comments, as appropriate. The public hearing will then be closed and no further comments will be permitted from the audience or the applicant unless requested by the commission. The Commission will then discuss the matter and may ask questions of anyone present during discussion. Finally, a motion will be made to either recommend the approval or denial of the request to the County Commission. Please note that the Boone County zoning regulations and subdivision regulations are considered to be a part of the record of these proceedings.

All recommendations for approval are forwarded to the County Commission. They will conduct another public hearing on Wednesday, March 6, 2002. Interested parties will again have the opportunity to comment on the requests at that time. The County Commission generally follows the recommendations of the Planning and Zoning Commission. However, they are not obligated to uphold any recommendation. Requests that are denied will not proceed to the County Commission unless the applicant files an appeal form within 3 working days. The County Commission hearing scheduled for Wednesday, March 6, 2002 will begin at 7:00 p.m. and will convene in this same room.

CONDITIONAL USE PERMITS

Request by Judith and William Heffernan for a permit for an Outdoor Recreational Facility on 20 acres, more or less, located at 6267 N Rte. J, Rocheport.

Planner, Thad Yonke gave staff report stating that this property is located on State Highway J, approximately 4 miles north of Interstate 70. The property is zoned A-1 (Agriculture), as is all of the surrounding property. The land has been used for agricultural purposes. This request is for a privately operated outdoor recreational facility. Approximately 20 acres of corn would be cut in a way so as to form a path through the crops. The applicants do not plan any permanent structures, but may use several portable buildings during the time the maze would be open to the public, which is August to October. They are proposing the use of "port-a-potties" for on-site wastewater disposal. This site is located within the Columbia Public School District. Water service is provided by Consolidated Public Water District No. 1. Electric service is provided by Boone Electric Cooperative. The master plan designates this area as being suitable for agricultural purposes. The proposed use would not change that designation, as crops would still be harvested from the site. There have been no previous requests submitted on behalf of this site. Staff notified 10 property owners concerning this site. Staff sees the proposed use as being consistent with the surrounding area, and recommends approval with the following conditions provided that the Commission finds that the use complies with the approval tests for a conditional use permit:

Daylight hours only.

Chip and seal the parking area and driveway.

Concerning the second item, the Commission may want to consider not requiring this condition be implemented until the facility has been in operation for at least two seasons.

As a conditional use permit the proposal must meet the following seven criteria from the zoning ordinance to be eligible for approval.

1. The establishment, maintenance or operation of a conditional use permit will not be detrimental to or endanger the public health, safety, comfort or general welfare.

2. The conditional use permit will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted by these regulations.

3. The conditional use permit will not substantially diminish or impair property values of existing properties in the neighborhood.

4. All necessary facilities will be available, including, but not limited to, utilities, roads, road access and drainage.

5. The establishment of a conditional use permit will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the zoning district.

6. The establishment of a conditional use permit will not hinder the flow of traffic or result in traffic congestion on the public streets. This will include the provision of points of access to the subject property.

7. The conditional use permit shall in all other respects conform to the applicable regulations of the zoning district in which it is located. The County Commission shall find that there is a public necessity for the conditional use permit.

Present: William Heffernan, 6267 N. Highway J, Rocheport.

Mr. Heffernan stated that he and his wife live on this farm and the Commission has already heard the report of the intent for the property.

(Mr. Heffernan presented a picture of a corn maze, which will be laid out this summer.)

Mr. Heffernan stated the maze would be on 20 acres. The path will be cut through there. It is in the shape of a couple of tigers.

(Mr. Heffernan showed the Commissioners a picture showing the layout of his farm.)

Mr. Heffernan pointed out the location of Route J in relation to the property, stating that the property is in the shape of a trapezoid. Mr. Heffernan pointed out the proposed location of the corn maze, which will be on the hill off Route J on the west side. There is a lot of visibility especially coming from the north and it is quite a ways from the curve. There is already a 32-foot gate there, eighteen wheelers come in and out and bring grain all the time.

Mr. Heffernan stated this is Thrallís Prairie, this is where Boone County began. The original Lexington, Missouri is located in the area as well. It is a part of the history that has been pretty much lost here in the County. The Boonslick Trail came down Lathrop School Road, Sid and June are here and they gave their land to the County a couple of years ago with the trail, it is about a mile and a half from the corner of the property. Mr. Heffernan continued to point out to the Commissioners the Boonslick Trail. Early on in the days of the Santa Fe Trail, that was the major link that came across to connect with St. Louis, to the Santa Fe Trail.

Mr. Heffernan stated they have made contact on the other end of the Santa Fe Trail, south of Santa Fe, a place like this that was located an equal distance from Santa Fe. Applicants will be playing up a little of the history of Boone County.

Mr. Heffernan stated that in 1872, there was a Statewide contest that was run by the St. Louis agriculture society, every County could nominate three farms as a model farm. The property in question was nominated in Boone County, that was back when John Woods Harris owned it. This farm was named the model farm for the State of Missouri.

Mr. Heffernan presented some photographs of what the farm looked like in 1872. Mr. Heffernan stated his daughter Lisa did her senior honors thesis at Washington University on this piece of land, a lot of the history of the property was traced. Mr. Heffernan stated he hoped some school children would come in and they could talk about the history of the area and the beginning of the County.

Chairperson Smith asked Mr. Heffernan if he had any questions or comments about the staffís conditions.

Mr. Heffernan stated no, he believed applicants could meet all of those conditions and sees no problem with it.

Commissioner Heitkamp asked applicant if he intended to sell any food or drink.

Mr. Heffernan stated that he needed to know what the guidelines are. Water needs to be available. Mr. Heffernan stated he was told the best way to handle that is bottled water. Because in August and September, it is quite warm, it may take people one and a half to two hours to find their way through the maze. Somehow, they have to come up with a way to deal water. Mr. Heffernan stated he would like to provide bottled water but needs to know what the guidelines are. Whether or not other things would be done; if applicant had a choice, he is in to local foods and such and would try to facilitate some simple things of that type like apple cider and those kinds of things from local orchards. Mr. Heffernan stated he needed to know what the criteria is to do that.

Commissioner Heitkamp stated something like a farm market, which would be permitted in an agriculture district.

Mr. Yonke stated that anything that is grown on the site itself can be sold from the site in compliance with the regulations. Anything beyond that, staff would have to see what the scale was and what the particulars are. Since there are no permanent buildings proposed for this, itís likely it would be at a scale that would be considered incidental to whatever the other is.

Commissioner Heitkamp asked if that would be a condition.

Mr. Yonke stated that is probably something that would have to be worked out more specifically when applicants propose exactly what types of other materials they would be looking as selling and where they come from. It would be hard to tailor that in to a specific condition at this time.

Commissioner Heitkamp informed applicant to be aware of that.

Chairperson Smith asked applicant how many people this may attract and if applicants have looked at similar mazes in other places.

Mr. Heffernan stated he really doesnít have any idea at this time. It is hard to say and that is why it is tentative at this point. Probably 1000 to 1500 people for one season.

Chairperson Smith asked if the season would be the summer season.

Mr. Heffernan stated yes, and that is about three months.

Commissioner Mink stated that the application mentions two to three portable buildings, Commissioner Mink stated he assumes part of these would be port-a-potties. Commissioner Mink asked what the animal shelter was.

Mr. Heffernan stated those are buildings that are on skids they would be about 8 x 16 and have a couple of those already. They are three sided types of buildings and would be used to sell tickets.

Commissioner Mink asked about the animal shelter.

Mr. Heffernan stated that is building they have, it is portable. The buildings were purchased from Sentinel Lumber and they call them animal shelters, it is a three-sided building with a roof.

Commissioner Mink asked applicant if he intended to house animals.

Mr. Heffernan stated he might, Lisa and Daniel occasionally benefits things with a petting zoo. Applicants have miniature horses and lambs. Applicants will probably have a few of those out there from time to time. Especially when they are trying to attract children.

Chairperson Smith asked if the animals already live there.

Mr. Heffernan stated yes.

Commissioner Sloan stated to staff that the request is pretty simple, but as applicant talks, more elements come in and asked staff if this request is approved as is, will this create additional problems down the road.

Mr. Yonke stated that what staff would envision is that it would start out as what it is, fully outdoor. If it was popular enough that the applicants needed some sort of permanent structure or some other incidental sales and things on the site, the applicants would be required to come back for either rezoning or for some other conditional use permit for some other ag related business. Staff would advise the applicant at that point before they expanded in to that level of activity that they would need to come back for an additional hearing.

Commissioner Sloan stated regarding the note that the Commission may want to consider not requiring the condition be implemented regarding the chip and seal parking area until they have been in business for at least two seasons. Commissioner Sloan asked if that is something that should be incorporated in the motion to approve.

Mr. Yonke stated if the Commission felt that was appropriate, then the Commission should. The normal is six months, at the most a year under just general conditions that weíve worked with these types of operations. If the Commission wanted to give it a specific time frame different than that, such as the two years, it would need to be spelled out. One of the reasons that condition was proposed is because, as the applicant has indicated, it is a speculative venture. If it shows like it is not going to work, and it becomes a farm field again, having a chip and sealed parking lot there from the very beginning may not be appropriate for a farm field.

Open to public hearing.

No one spoke in favor or opposition to the request.

Closed to public hearing.

Commissioner Mink asked applicant if the parking lot was not paved right away, would it be just a sod parking lot?

Mr. Heffernan stated that is what he is planning. Mr. Heffernan stated he appreciates the comment because he doesnít want to put in anything that disrupts the agriculture potential of it.

Commissioner Heitkamp made and Commissioner Mink seconded a motion to approve with staff recommendations a request by Judith and William Heffernan for a permit for an Outdoor Recreational Facility on 20 acres, more or less, located at 6267 N Rte. J, Rocheport.

Chairperson Smith informed applicant that this would go before the County Commission on Wednesday, March 6, 2002 at 7:00 p.m. in the Commission Chambers.

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Request by Mary Douglas for a permit for a Bed and Breakfast on 3 acres, more or less, located at 4299 Gibbs Rd., Columbia.

Planner, Thad Yonke gave the staff report stating that this property is located on Gibbs Road, approximately ľ mile north of the Columbia municipal limits. The property is zoned R-S (Single Family Residential), as is the land to the north and east. Land to the south is zoned M-L and to the west, R-S. This 3-acre tract includes a house and barn. The tract was created as a family transfer in 1979. This request is to convert the existing home into a bed and breakfast facility. The applicant is in the process of making improvements to the wastewater facility. If approved, the proposed use would require certain improvements to comply with the building code. This site is located within the Columbia Public School District. Water service is provided by Consolidated Public Water District No. 1. Electric service is provided by Boone Electric Cooperative. The master plan designates this area as being suitable for residential purposes. There have been no previous requests submitted on behalf of this site. Staff notified 33 property owners concerning this request. Staff sees the proposed use as being consistent with the surrounding area, and recommends approval with the following four conditions, provided that the commission finds that the use complies with the approval tests for a conditional use permit:

Structure complies with building code requirements.

Structure is approved for occupancy by the fire marshal.

Chip and seal the parking area and driveway.

A single on-premise sign no larger than 6 sq. ft.

As a conditional use permit the proposal must meet the following criteria from the zoning ordinance to be eligible for approval:

1. The establishment, maintenance or operation of a conditional use permit will not be detrimental to or endanger the public health, safety, comfort or general welfare.

2. The conditional use permit will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted by these regulations.

3. The conditional use permit will not substantially diminish or impair property values of existing properties in the neighborhood.

4. All necessary facilities will be available, including, but not limited to, utilities, roads, road access and drainage.

5. The establishment of a conditional use permit will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the zoning district.

6. The establishment of a conditional use permit will not hinder the flow of traffic or result in traffic congestion on the public streets. This will include the provision of points of access to the subject property.

7. The conditional use permit shall in all other respects conform to the applicable regulations of the zoning district in which it is located. The County Commission shall find that there is a public necessity for the conditional use permit.

Present: Mary Douglass, 4299 Gibbs Road, Columbia.

Ms. Douglass stated she didnít have a presentation for the Commission in terms of pictures because of the way the condition of the property is in right now doesnít necessarily reflect what it would look like after the improvements are made. It does reflect directly on the criteria they have established in terms of upgrading the sewer, new siding on the house. Everything will meet current codes for the fire marshal.

Chairperson Smith asked Ms. Douglass if she had any problems with the conditions that the staff requested.

Ms. Douglass stated not at all. Ms. Douglass stated she is in the process of upgrading the house to code anyway. It will then also meet the additional conditions for a commercial establishment with fire alarms and fire extinguishers and appropriate lighting and egress from all the rooms.

Commissioner Caruthers stated there is note stating that Ms. Douglass expects to run at fifty-percent occupancy and Ms. Douglass also has a young child and elderly parent.

Ms. Douglass stated yes, she is planning in terms from a financial standpoint and is not thinking that the facility will be full at all times in terms of planning cash flow. Ms. Douglass stated she is banking on fifty percent occupancy to meet the additional costs of running a bed and breakfast should it not be as prosperous as she might hope, not to over extend herself.

Ms. Douglass stated that she has a ten year old child who has special needs and Ms. Douglass likes the idea of working out of her home which will allow Ms. Douglass to be with her son more and will give more flexibility to be available for him. Ms. Douglassí mother is becoming elderly; she is 83 years old. Ms. Douglassí mother canít be here tonight because she canít drive at night anymore and she has a sick cat. Ms. Douglass stated that to her mother, a sick cat is more important when she is the only living body in the house. It may be eventually that her mother may move in with Ms. Douglass and it would allow Ms. Douglass to care for her mother.

Commissioner Caruthers stated that the applicant expects to have three rooms to lease.

Ms. Douglass stated yes, eventually.

Ms. Douglass stated that the driveway and parking is already asphalt. It has been that way for about five years.

Chairperson Smith asked applicant if she saw any additional parking being necessary.

Ms. Douglass stated no, at the current time, there is a two car garage, two spaces in front of the garage, two to the side and two more spaces at the barn that are all paved. There are six available parking spaces at this time.

Chairperson Smith stated she was curious, knowing that the staff has fielded questions before from someone in the County that was interested in having a bed and breakfast where you could also bring your horse. Chairperson Smith stated she saw pictures of the barn and asked Ms. Douglass if this was in her plans.

Ms. Douglass stated yes. People traveling with horses is her target market, being a horse person for many years and having acquaintances all over the United States that travel with horses, this is a significant issue when you are traveling large distances, you need a place where you can stay. If you have a place you can stay with the horses on the same premises, it is very valuable. The owners will know the horses are safe and taken care of.

Chairperson Smith asked applicant if she saw any problems on the road with horse trailers?

Ms. Douglass stated no, the road was improved about a year and a half ago, it was blacktopped. The driveway was taken down. Ms. Douglass stated she has a three-horse slant gooseneck with a big dressing room and has no trouble getting in and out. The only thing that might be difficult is if someone had a semi, which could not be accommodated; they would have to go to Midway or somewhere else that could accommodate a big rig like that. There are other horse trailers that go up and down the road; there are a number of people who own horses that have trailers. Ms. Douglass stated she has places where people could park off of the road.

Commissioner Caruthers stated that Ms. Douglass stated that at a later date, she would add a detached garage.

Ms. Douglass stated yes, she plans to convert in to a master suite for herself. The way the house plan is laid out that would put her living quarters at one end and the dining room, kitchen and laundry in the middle, then the rooms for the bed and breakfast would be at the other end. There would be some separation there with a little more privacy for everyone. Ms. Douglass stated she does want to put in the additional garage, it is a question of funding to when she will be able to do that.

Commissioner Heitkamp stated that she didnít know if Section 13 of the zoning regulations would apply in regard to the keeping of animals in residentially developed areas, which specifies the keeping, feeding and maintenance of domesticated animals is permitted for non-profit purposes only. Commissioner Heitkamp asked staff if applicant is going to have a bed and breakfast for horses, would that activity be for a profit?

Mr. Yonke stated that section 13 really isnít going to be the section that predominately applies in this instance. Section 13 is predominately designed for animals for people who reside in the house intends to slaughter and eat, for example chickens and things like that. Horse pens and things like that have to be 50-feet from the property lines if it is not an animal for slaughter. What does come up because of those comments is that in an A-1 or A-2 district there is a conditional use permit for an animal training and boarding facility. If you are boarding for compensation, you would have to have a conditional use permit in an A-1 or A-2 district. That use is not allowed in an R-S district at all. The bed and breakfast would be okay, but the horse aspect of it would not be allowed under the conditional use permit, nor in the zoning that is currently there.

Ms. Douglass stated that maybe she should stress that the barn is existing and it has been there for many years. Ms. Douglass stated she is not boarding horses, and will not charge extra if they have horses or not. It is a question of whether they want to use the facility.

Mr. Yonke stated the use under the zoning ordinance wouldnít make any difference. It cannot be grandfathered because this would be a new use, the fact that it shows up in the ordinance somewhere as a specific listed use means that the lack of it being in that section of the ordinance means it is not a permitted use in that district. If the horse aspect of it were to be included in this at some point, it would require some form of rezoning.

Commissioner Heitkamp asked what type of district.

Mr. Yonke stated to an A-1 or A-2. A-2 zoning district theoretically could be done because a minimum lot size in an A-2 district is 2.5 acres. Then a conditional use permit for the boarding aspect would also have to be applied for and granted.

Commissioner Heitkamp asked Ms. Douglass if she would like to bring this back to the Planning and Zoning Commission for rezoning to A-2 instead of a conditional use permit.

Ms. Douglass asked if it is just a question of the potential clients not having their horses there or if she is granted a conditional use permit she couldnít keep her own horses there?

Mr. Yonke stated applicant could keep her own horses there because that is what the barn is there for now. If applicant is boarding her own horses, a conditional use permit is not needed even in the agriculture district for boarding of your own horses. If you are boarding other peopleís horses, even if it is not for compensation, that requires an animal training and boarding facility conditional use permit in those other districts. The bed and breakfast on its own, if applicant ends up having it for people who do not have horses with them if it is approved, there is no problem with that. If people are bringing their horses, that would not be an allowed use under the conditional use permit even if it is granted.

Ms. Douglass stated this is opposed to what she was told when she first inquired about this. The difference would be a question of whether the horses were actually being boarded or not. Ms. Douglass stated her definition of boarding is being kept for money, Ms. Douglass stated that is not what she is doing.

Mr. Yonke stated that if the horses are not applicantís horses and they are being left over night, on this property, then they are being boarded. That does qualify under that definition.

Chairperson Smith asked staff what the applicantís options are, at this point, if the Commission approves this to say that the conditional use permit is for the bed and breakfast only.

Mr. Yonke stated that would be for clarification, but the Commission doesnít have ability to grant anything beyond that. It is not an allowed use or a conditional use in that zoning district. It would require a change in zoning, which has not been applied for here to even make it possible to do that in that district.

Chairperson Smith stated that applicant could tell the Commission right now that she is not going to have horses there and the Commission could proceed.

Commissioner Heitkamp stated that the applicant informed the Commission that was her intent.

Chairperson Smith agreed.

Ms. Douglass stated this is what she was planning based on what she was told before.

Commissioner Heitkamp asked staff that if applicant is not in a real hurry could she retract this and come back next month?

Mr. Yonke stated that would be possible. The other thing is that the Commission can proceed with the bed and breakfast aspect tonight and if applicant gets the conditional use permit for that part, applicant could come back anyway for the other aspect of it, which is really a separate issue. The bed and breakfast itself can be approved whether or not it has anything to do with the animal aspect. The animal aspect is a different issue.

Chairperson Smith stated the applicant would have to come back for rezoning.

Mr. Yonke stated potentially.

Commissioner Freiling stated that after rezoning, would applicant have to come back again for the conditional use permit.

Mr. Yonke stated it would depend upon the specific application, but probably for something, for the boarding aspect of it.

Commissioner Heitkamp asked if it could be done at the same time.

Mr. Yonke stated that in that case it would be so integrally related that staff would probably allow them to be brought forward at the same time.

Commissioner Heitkamp stated to the applicant that by the time the improvements were done to the house, applicant could come back and ask for rezoning and conditional use permit.

Ms. Douglass stated that is what it sounds like.

Chairperson Smith stated the Commission would move forward just with the bed and breakfast at this time without the horses.

Ms. Douglass stated that would be fine.

Chairperson Smith stated the Commission couldn't act on the horses.

Open to public hearing.

No one spoke in favor or opposition to the request.

Closed to public hearing.

Chairperson Smith stated that applicant stated the parking was already paved and asked staff if that condition needed to be included in the motion.

Mr. Yonke stated that staff would have to see if the current area meets the requirements. There can't be parking behind anything, there has to be designated parking areas. If you've got a garage and two spaces are in front of it, that doesn't count because you have to have full access to the driveway. Staff will have review some of that, so the condition standing, it may be that applicant doesn't need anything. Mr. Yonke informed to the Commission that they should leave the condition in the motion.

Commissioner Caruthers made and Commissioner Morgan seconded a motion to approve with staff conditions a request by Mary Douglas for a permit for a Bed and Breakfast on 3 acres, more or less, located at 4299 Gibbs Rd., Columbia.

Chairperson Smith stated to the applicant that this would go before the County Commission on Wednesday, March 6, 2002.

Chairperson Smith stated that she wanted applicant to realize what has transpired here.

Ms. Douglass stated she did.

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REZONING REQUESTS

Request by Charles and Melinda Lockwood to rezone from R-M (Moderate Density Residential) to

R-M/PRD (Moderate Density Planned Residential Development) and to approve a Review Plan of 4.64 acres, more or less, located at 7700 N Hwy VV, Columbia.

Planner, Thad Yonke gave the staff report stating that this property is located on the east side of Route VV approximately one-half mile north of the intersection of Mauller Road and Route VV. The rezoning and review plan relate only to Lot 2 of Lockwood Subdivision, which is a two-lot plat that was platted in 2001. Lot 2 is 4.64 acres in area. The existing zoning of the area of this request is R-M (residential moderate density) as is some additional property to the south and east. The existing zoning of Lot 1 and other property to the north, south, and east is A-R (agricultural Ė residential). Existing zoning to the southwest and west is R-S (residential single family). Existing zoning to the northwest is C-G (general commercial). These are all original 1973 zonings. There is currently a house, a couple of out buildings, and a lagoon on the property. The purpose of the planned development is to allow for another home for a family member and future garage for the new home to be built on the property. This will bring the total number of dwelling units on the property to 2 on the 4.64 acres. Under the existing zoning the maximum-theoretical-density of the tract is approximately 80 units, the proposed 2 units is significantly under the potential density. Wastewater will be handled by placement of an additional new lagoon. The new lagoon will be placed near the existing lagoon, which serves the existing residence. All on-site wastewater requirements will have to be met. The property is in the Consolidated Public Water District Number 1 service area. There is currently a 4" waterline on the property, which can provide service for the additional dwelling unit. The property is in the Columbia School District, the Boone County Fire Protection District, and Boone Electric Service areas. The master plan shows this area as suited to agricultural and rural residential development. The proposal is consistent with the master plan. The property scored 50 points on the point rating system. 17 property owners were notified about this request.

Staff recommends Approval of the rezoning request and review plan subject to the following 2 conditions for the review plan:

That all development meet on-site wastewater requirements.

That the 50í Building line along Route VV of the original plat be considered to still be binding on any construction on Lot 2 of Lockwood Subdivision.

Chairperson Smith asked applicant if he had any comments on the staff conditions.

Mr. Lockwood stated none what so ever.

Commissioner Caruthers asked applicant if this was for a family member.

Mr. Lockwood stated that was correct.

Commissioner Caruthers asked applicant if he had any future plans for rental property or anything out of this proposed structure.

Mr. Lockwood stated no. Mr. Lockwood's son lives on a lot north of his, this is going to be for Mr. Lockwood's daughter. The property can't be split because he has less than 5-acres. 2-acres can't be taken off and given to his daughter. This is the only way Mr. Lockwood can put another structure on the property. Sort of like the Kennedy Compound without the money.

Commissioner Neese stated he noticed there was already a lagoon on the property. Applicant is proposing another lagoon. Commissioner Neese asked applicant if the existing lagoon was inadequate.

Mr. Lockwood stated that the existing lagoon services the current residence. The second lagoon would service the new house.

Open to public hearing.

No one spoke in favor or opposition to the request.

Closed to public hearing.

Commissioner Caruthers made and Commissioner Morgan seconded a motion to approve a request by Charles and Melinda Lockwood to rezone from R-M (Moderate Density Residential) to R-M/PRD (Moderate Density Planned Residential Development).

Chairperson Smith informed the applicant that these requests will go before the County Commission on Wednesday, March 6, 2002 in the Commission Chambers.

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Request by Linda Lenau and Robert Brown to rezone from A-1 (Agriculture) to REC (Recreation) of 26.5 acres, more or less, located at 3595 S Hancock Hill Rd., Columbia.

Planner, Bill Florea gave the staff report stating that this property is located just outside of Huntsdale, south of the intersection of Route O and Grocery Branch Road. The current and original zoning is A-1. Property to the north, east, and south is zoned A-1. Property owned by the proponent, which is adjacent to the proposed rezoning abuts property zoned A-2, R-S and C-N. The western boundary of the property is defined by the Missouri River. The proposal is to rezone 26.5 acres to Recreation (REC) for development of a public campground. No previous requests have been submitted for this property.

A building permit for a "bait house" was issued on this property in 2001. The bait house is currently under construction. The bait house is not included in the area proposed for rezoning. However, the applicant has stated that the bathrooms and showers built into the bait house are intended to serve the proposed campground. The campground requires recreation zoning. Therefore, any building or premises whose use is directly tied to the campground must also have similar zoning. The property on which the bait house is located must be rezoned before the campground customers can use the restroom and shower facilities. The most appropriate zoning designation for the bait house is Neighborhood Commercial (C-N) or Planned General Commercial with uses limited to those found in the C-N district.

The Master Plan designates the property as suitable for agriculture or rural residential land use. The request is not consistent with the Master Plan. The Plan also identifies a sufficiency of resources test to as a means to judge the suitability of land proposed for rezoning. In applying the test it is necessary to look at the possible uses under the requested zoning, any physical constraints of the property that would limit the possible uses and finally, whether there are sufficient resources to support the potential uses of the property.

The REC district allows a variety of recreation-oriented uses. The property being considered for rezoning lies primarily within the Missouri River floodway and is completely within the 100-year floodplain of the Missouri River. That physical attribute of the property severely limits the potential uses on the property to those uses that do not require any type of permanent structure such as campgrounds, ball fields or other outdoor recreation facilities.

The resources necessary to support the proposed rezoning can be broken down into three general categories, Utilities, Public Safety Services and Transportation.

The utility needs of the rezoning are minimal. Boone Electric provides power in the area. Consolidated Public Water District Number 1 has water lines extended to Huntsdale capable of providing domestic service but not fire flow. There is no sewer service in the area, however the septic system for the bait house was designed and approved by the Health Department to accommodate the needs of the campground facilities.

The demand for public safety services will probably increase with more intensive use of the property. The demand will include law enforcement calls and calls for emergency medical services. Of particular concern is the location of the property within the floodway. The floodway is subject to hazardous conditions when flooding events occur. Such conditions could prove disastrous if a mechanism to notify and evacuate patrons is not in place. Lack of an effective notice and evacuation plan could lead to expensive and dangerous rescue operations.

Access to the property will be by private drive extended approximately 800 feet across the 100-year floodplain from the Grocery Branch Road, Route O intersection. The private access drive will have to be improved to a minimum chip and seal surface.

Mr. Brown pointed out on the diagram the location of the property in relation to the Missouri River as well as the locations of the boat ramp, which is under construction. Mr. Brown stated he got the permit last year and is installing it under the regulations of DNR. Mr. Brown also pointed out the location of the bait house, which is outside the area to be rezoned. The bait house has showers and restroom facilities. Mr. Brown stated it is elevated above the designated flood plain.

Mr. Brown pointed out the location of the Katy Trail, which is used for recreation. The first proposed campsite would be down by the river. Mr. Brown stated the applicants wished to make as much like a State campground as possible. Applicants will adopt the State regulations and rules concerning campgrounds and will keep it as nice as they possibly can. The campground will be a big benefit to people using the Katy Trail, there are more campgrounds needed along the Katy Trail. This is an ideal location because it is right off of Route O, right next to Huntsdale. The bait shop is right next to the old train depot. Mr. Brown pointed on the map the location of the train depot in relation to the bait shop.

Mr. Brown stated the distance between the Katy Trail and the area to be rezoned is well over one thousand feet. The impact to anyone would be minimal. It would be a benefit to people using the trail and would get more use from people out of State. The river will also get more use, more campgrounds are needed, and more boat ramps are needed. The Lewis and Clark reenactment is coming up and this is an excellent spot because it is along the river and it's close to the trail. Mr. Brown hopes the Commission approves the rezoning.

Mr. Schneider presented a photograph to the Commission which was taken looking from Terrapin Hills to the campground. Mr. Schneider explained there is a small square in the middle of the photograph which shows where the campground is. The distance in the photograph is approximately 2000-feet, or seven football fields. Mr. Schneider also presented a photograph looking back toward Terrapin Hills from the boat ramp that is being proposed. Mr. Schneider stated it is just a converse of the previous photo that was circulated.

Mr. Schneider stated that as Mr. Brown stated, this is a facility that will certainly benefit the community. Mr. Brown has obtained a letter from the DNR, which Mr. Schneider entered in to the record. Mr. Schneider read a paragraph from the letter that stated, The Missouri Department of Natural Resources, Division of State Parks, generally supports private efforts to provide camping along Katy Trail State Park. There is a strong desire by the public to be able to camp on or near Katy Trail State Park. It is the goal of the Missouri Department of Natural Resources to have camping approximately every 20 miles, preferably provided by other agencies or private individuals. The Browns' proposal is consistent with that goal.

Mr. Schneider stated that the applicants have an email from a representative of the Missouri Department of Conservation, which much like the DNR letter indicates the Conservation Departments interest in a facility of this nature. That email is from Shannon Cave with the Missouri Department of Conservation outreach and education field.

Mr. Schneider entered in to the record a petition in support of the request signed by approximately 60 people.

Mr. Schneider entered in to the record the Missouri Department of Natural Resources camping rules and ethics.

Mr. Schneider stated it is the applicantís intention to simply adopt the DNR regulations and rules with respect to the operation of the facility, the State has similar facilities and obviously has rules and regulations related to it. The applicants have made a copy of their own rules and regulations which is somewhat more stringent that the Missouri DNR rules and regulations. In particular, the applicants would not permit motor homes or RV's to be located at the campground, although DNR does allow those. The regulations of DNR are somewhat lengthy and just to get to the really important point; Mr. Schneider read a paragraph on page 2, which states that the quiet hours are from 10:00 p.m. to 6:00 a.m. During these hours the use of generators is prohibited and radios, TV's and musical instruments must be kept to a minimum. It further provides that all non-campers must leave the campground by 10:00 p.m. and campfires are restricted to pits or grills that are furnished.

Mr. Schneider stated that Mr. Brown and Ms. Lenau live in Terrapin Hills close to this proposed facility and they would enforce the rules and regulations. The applicants obviously live close enough to be aware if there are violations of the rules and regulations if excess noise is being made, for example. Obviously the applicants could contact the Sheriffs Department and enforce those rules and regulations since they would own the facility, if they order someone to leave and they do not do so that would be trespassing.

Mr. Schneider stated with respect to landscaping, the applicants had a forum at their house on Monday, February18, 2002 and it was attended by a number of individuals who have an interest in this project, pro and con. At that particular forum, there was a question raised concerning landscaping to provide a visual buffer from Terrapin Hills. Whether landscaping of a particular type is not desirable should probably be addressed by a landscape professional, which applicants intend to consult.

Mr. Schneider stated that Creative Garden Design and Nursery is who the applicants intend to consult with to determine what sort of landscaping, if any, would be suitable. To some degree, excess landscaping might prevent views of the river from Terrapin Hills and might be undesirable, so rather than just planning particular landscaping, it was thought that consultation with a design professional to see what is everyoneís best interest would maybe be a good idea.

Mr. Schneider stated that although not a lot of comments were made concerning the proposed project forum on Monday other than the landscaping and inquiries in particular. Mr. Schneider suspects that the Commission may hear some comments along the lines of what Mr. Schneider stated he heard 25 years ago in connection with the MKT Trail when the City was acquiring it in the late 1970's. There were concerns then regarding recreational uses, loss of privacy, and perhaps an impact on property values. Now twenty or twenty-five years later we see that the MKT Trail has not had an adverse impact on the neighboring area. In fact the subdivisions that now have been built up there after the trail was acquired, it is quite obvious the effect of the recreational use on market values that there were concerns about at that time, simply did not materialize.

Chairperson Smith stated that applicants stated they were going to maintain this as a State campground as possible. Chairperson Smith stated she looked at the rules and regulations for State campgrounds, how does the applicants intend to enforce those? Chairperson Smith stated she knew that DNR has quite a staff to enforce their campgrounds, what do the applicants propose to do?

Mr. Brown stated that he proposes that applicants will be driving through around dark every night. When the bait shop is closed there will be a drive through, that is checking for people who are there who haven't paid and to check for anything that would be unseemly or unsightly. Mr. Brown stated he can see the area. If the applicants can hear anything or have any complaints from people that are there. Mr. Brown stated he would like to have an exterior phone at the bait shop so people can call 911 or the Sheriffs Department, hopefully the phone can be installed. Usually there is someone down there, usually teenagers, at least once a year; Mr. Brown has to police it anyway because there is a party of some kind going on. The applicant calls the Sheriffs Department and they respond. Mr. Brown stated he doesn't think they will have that problem again once they actually have supervised camping there; there won't be that kind of thing happening.

Chairperson Smith stated that she saw on the rules of DNR that the campers that arrive before 3:00 a.m. can save campgrounds for other people that will arrive after 3:00 a.m. Chairperson Smith asked applicant if they will have those around the hour things as well.

Mr. Brown stated yes, it will be a daily pay basis. It will be a first come first serve basis. People have to vacate by 3:00 or pay for another day. Their stay is limited as it is with a State campground.

Mr. Schneider stated this is speculation. It is highly probable that DNR does not stay in the particular campground, but rather respond to complaints. Mr. Schneider stated that Chairperson Smith mentioned that DNR has many employees, no doubt they do, but the real question is the presence they have. Mr. Schneider stated he is certain that they do not have a staff at their particular campgrounds, whereas the applicants here will have a presence inasmuch as they live about 2000 feet from the campground and also will be making at least one daily round.

Commissioner Neese stated when the bait house got its permit; there are restrooms located at the site of the bait house to serve the Katy Trail. It seems very unusual for a bait house to have interior showers and restrooms inside that are lockable, as well as outlets for soda machines on the outside near the restrooms. Commissioner Neese asked the applicants how much food and drink will the applicants serve at that location, because it seems that the cart was before the horse from the standpoint of applicants had built the restrooms and the facilities and then come and ask for the recreation area.

Mr. Brown stated that he developed this piece by himself, the whole concept of the entire development, the bait house with the restrooms, with the campground and boat ramp. Applicants started with the boat ramp. Mr. Brown stated that applicants started with the boat ramp and applied over two years ago, applicant has been trying to get a boat ramp in there and finally got approval. After getting approval for the boat ramp they needed to decide how to control access to that and what else can applicants do to bargain with that. Applicants then came up with the bait house and the campgrounds were in there too. Mr. Brown stated he went to Planning and Zoning with the entire concept and the drawn plans for the bait house. This building had to be elevated above the base flood elevation, so it was much cheaper to build one building than have two buildings or more. Most of this property is in the flood way, the Missouri Department of Conservation can put restrooms in the flood way by a boat ramp, but in Boone County that is not allowed. Applicants were tied in to putting everything in right here, (Mr. Brown pointed out the area on the diagram) it is convenient for both the Katy Trail and for people using the boat ramp and the campers. Mr. Brown pointed on the diagram the chip and seal surface and stated that applicants expected a surface that would be similar to the Katy Trail. Mr. Brown asked how to go about zoning for this as he has a variety of uses, the first thing Mr. Brown thought was to draw a line across and try to rezone all of this recreational, (pointing out on the diagram) and do it all at once. Mr. Brown realized that it would never be approved because he has all of this area that could be used for ball diamonds or golf courses, so this is the plan the applicants ended up with and was told the campground area would have to be rezoned first.

Mr. Brown stated that the bait shop will have fishing tackle, camping supplies, live bait, a few snacks, soda, tea, fruit juices, and it has two handicapped accessable public restrooms. Maybe it doesn't fit but if it could all be rezoned at once, applicants would have done it that way.

Mr. Schneider stated following up on the cart before the horse inquiry, Mr. Schneider stated that as he understands, a bait shop is a permitted use in A-1, which is why a building permit was issued in the first place.

Commissioner Neese stated it is unusual for half of the building is actually used for other things than looks like the sell of bait. Commissioner Neese stated he was in there today and it appears that the showers and restrooms, more than fifty-percent of the facility is going to be used by the camping area for restrooms and showers and the office to take the money to rent the sites. That is why Commissioner Neese brought it up, the next step maybe to apply for commercial zoning along the roadway down and that is a concern right now even before they get in to any discussion from anyone else. Commissioner Neese stated that is an observation from being there today, it looks like the next thing would be to have commercial there and that is a major concern.

Mr. Schneider stated that he thinks the staff report says that the applicants are going to have to come back and ask for commercial C-N zoning for the bait shop building if the showers are going to be used for the campground users in the event this application is approved. The staff report indicates that certainly the applicants will be back with the C-N application.

Commissioner Freiling stated that since the applicants are outside of a river bend, applicants have had this property a while.

Ms. Lenau stated since 1994.

Commissioner Freiling stated that the applicants went through the 1995 flood and asked the applicants what happened on that site.

Mr. Brown stated in 1994 when he bought the property, applicants didn't realize the levy was intact, backwater came up along the Katy Trail where there was evidently a low spot that washed out and the water started seeping through and back watered in to it. It did not go over the levy.

Ms. Lenau stated it came in through Grocery Branch through the upper end, it didn't come over the levy.

Commissioner Freiling asked if the site is within or without a levied area now.

Mr. Brown stated part of it is and part of it isn't.

Ms. Lenau asked Commissioner Freiling if he was talking about the campground.

Commissioner Freiling stated yes.

Mr. Brown stated that part of them are protected by levyís, the first area that will be developed will be protected by a levy. The other sites, which are a little bit lower, are not.

Commissioner Freiling asked if the 1000-foot roadway leading from the bait shop to the campground is an elevated roadway or just at bottomland level.

Mr. Brown stated it is elevated somewhat. 2-feet or 18-inches above. The thing with the Missouri River, talking about the possibility of flooding, the Missouri River is not subject to flash flooding and there are stations up to Iowa and beyond.

Commissioner Freiling stated he is not so much concerned with safety in this case, but just how applicants will maintain the infrastructure.

Mr. Brown stated they would probably remove picnic tables in the lower area and that area will be the overflow, more primitive. It will basically have a few picnic tables on concrete pads that applicants can go in with a forklift when the water gets close to coming out, pick them up and take them over the levy and sit them down. Of course the campground would be closed before that happened.

Commissioner Freiling asked applicants if they had plans for port-a-potties at the campsites themselves.

Mr. Brown stated they would probably have to have at least one port-a-potty, something that would be removable. Mr. Brown stated he would love to have a permit to put a more permanent thing. That remains to be seen, until that point applicants will work with port-a-potties.

Commissioner Freiling stated in reading through the DNR campsite regulations that was unclear. Applicants indicate they have no intention of having RV's, but it does indicate camping trailers, in several places it indicates pop-up tent camping trailers and in other places just camping trailers. What sort of camping trailers do the applicants envision allowing?

Mr. Brown stated when he thought of a pop-up, he thought of something that was reasonably like a tent off the ground that you have to unfold, it is something you actually have to pop-up.

Ms. Lenau stated it would be non-motorized.

Commissioner Freiling asked the applicants if they would be bringing in a 30-foot camper.

Mr. Brown stated not a travel trailer that you could hook on to a pickup truck and pull around. It would be something that you would have to physically pop-up rather than just pull around.

Ms. Lenau stated this is basic primitive campground, which would be unlighted and designed for tents and for people who like to be outdoors away from any kind of motorized units, and far away from that.

Mr. Brown stated he envisioned applicants would get some support, usually there are groups like the boy scouts and other groups. Mr. Brown stated his cousin brings down groups from Canada that goes the length of the trail and they would have a support unit that would be allowed in that campground.

Commissioner Mink asked applicants if they envisioned camp fires, if so do the applicants plan to have structures to control them.

Mr. Brown stated they would have campfire rings, they are quite expensive. The possibility of a fire getting away is minimal; there is nothing to burn.

Commissioner Heitkamp asked how big the campsites would be.

Mr. Brown stated roughly big enough to have a picnic table and maybe two tents, but probably no more that 25 to 30 feet wide and about 50 feet long.

Commissioner Heitkamp asked how many campsites could you fit on an acre.

Mr. Brown stated in this area, there could be quite a few.

Commissioner Heitkamp stated specifically how many could there be in 26-acres. If applicant is asking for rezoning of 26-acres you have the potential for how many campsites on those 26-acres.

Mr. Brown stated he never figured it out. Part of this area is so narrow and it would be primitive overflow. Part of the way applicants ended up with this particular area is because when this was surveyed earlier, Dan Brush set a series of post pins it was easier and much cheaper to just draw a line which included the boat ramp and the camping.

Commissioner Heitkamp stated the Missourian article that she read about the campground last week indicated, although reporters don't always get the whole story, at $4.50 a night for a campsite with eleven campsites, that is a total of $46.50 a day from the campground. Applicants are making significant infrastructure investment to be making $46.50 a day off of it.

Mr. Brown stated that to begin with, there would be eleven sites.

Ms. Lenau stated there was an error there. That is supposed to be $4.50 per person rather than $4.50 a campsite.

Commissioner Heitkamp stated that they are going back to $4.50 per person, having two tents for about four people, two people per tent perhaps.

Ms. Lenau stated they envision like a family, or not a large number of people on one campsite.

Commissioner Heitkamp asked if it would be less than 10 people.

Ms. Lenau stated yes perhaps 6 people.

Commissioner Heitkamp stated at the most $465.00 per day over about 6 months for eleven campsites.

Ms. Lenau stated something like that, yes.

Commissioner Heitkamp stated that if the applicants expanded and used the full potential of the 26-acres, applicants could have a significant amount of campsites there, correct?

Mr. Brown stated that he thinks there could be as many as 35 or 36 sites. Mr. Brown stated he never really considered how many sites could be there, but intends the spacing changes in the area. Mr. Brown showed the Commission on the diagram the most dense area.

Commissioner Heitkamp asked how long it takes from the campsite to the bait house.

Mr. Brown stated about 10 minutes. It is about 800 to 1000 feet.

Commissioner Heitkamp stated it is about a 10 minute walk and if someone needs to use the bathroom, will they take 10 minutes to walk up to the bait house?

Ms. Lenau stated they would probably take a car. Ms. Lenau stated that is what she does when she is in a State park.

Commissioner Heitkamp stated that leads in to her next question, how big is the parking?

Ms. Lenau asked Commissioner Heitkamp if she was asking about the bait house lot.

Commissioner Heitkamp asked if people were going to park at the bait house.

Ms. Lenau stated they have free parking across at the bait shop for bicyclists there.

Commissioner Heitkamp stated if someone drives in with their pop-up camper on their truck because that is allowed in the DNR campground, applicants have told the Commission that they would follow the regulations of DNR campgrounds, so where do the campers park when they drive up to the campground.

Mr. Brown showed the Commissioners on the diagram stating the road goes to the parking lot to the boat ramp.

Commissioner Heitkamp asked how many parking spaces were at that parking lot.

Mr. Brown stated they would be like a pull in for each campsite for that particular area.

Ms. Lenau stated that is why the landscaping is needed.

Commissioner Heitkamp stated that currently the applicants envision eleven pull in sites, or there are eleven parking spaces for the campground.

Mr. Brown stated that would be the first phase.

Commissioner Morgan asked how big the bathroom facilities were for the campsite if applicants are expecting 450 people.

Ms. Lenau stated they would have to wait in line.

Mr. Brown stated there would have to be more facilities for 450 people. Currently, there are 2 unisex bathrooms, a womens bathroom with two toilets and a shower, and a mens bathroom with 2 toilets and a shower.

Commissioner Heitkamp asked if the applicants have handicapped accessable campsites.

Mr. Brown stated in the bait shop there are 4 handicapped accessable toilets. Mr. Brown stated he was looking at prices and probably will have one accessable handicapped unit, is very expensive for a handicapped accessable camping site, it is probably 5 to 6 times greater than a regular site. If applicants can they will.

Commissioner Mink stated applicants plan to have eleven sites that can be pulled in to with a truck and a pop-up tent. Are there other sites that are specifically for bicyclists that carry their tents with them and don't have motorized vehicles.

Mr. Brown stated he envisioned that applicants would also have to put some picnic tables in somewhere that wouldn't be quite as pull-in, not as much gravel that would be used at night for over flow. Anyone can use these sites if they have a bicycle. If only one person shows up with one bike, there would have to be some kind of a minimum fee for using one of the larger campsites. Typically in visiting campsites along the Katy Trail, they had an area for individual bikers or maybe groups of two where you might see 20 bikers in a common area with a certain number of picnic tables, applicants envision that kind of an area.

Commissioner Caruthers stated that applicants said they were going to have supervised camping, then only a drive through at night, Commissioner Caruthers asked the applicants to explain that.

Ms. Lenau stated at the bait shop, the entrance to the campground, and the check in system. There would be someone during daylight hours, on weekends anyway, at the bait shop anyway. So there would be somebody there, but there is not going to be someone looking at the campsite.

Commissioner Caruthers stated that on the petition that was entered in to the record, many of the people on page three are not from Boone County, but from Eldon, Springfield, Madison, Paris, and Moberly, Missouri. Do the applicants feel that is relevant to this particular petition?

Ms. Lenau stated that these people were bicycling through there and the people stopped and talked to applicants about the bait shop so applicants asked the people to sign the petition. There are a lot of people from outside Boone County that travel on the Katy Trail.

Commissioner Caruthers stated he understood but his primary concern is with the residents of Boone County. Commissioner Caruthers stated he was a little concerned about the consistent promotion of the bait house in this project and yet it is not included in the area to be rezoned.

Mr. Schneider stated that was news to the applicants today that the bait house needed to be rezoned. Mr. Schneider stated he was unaware of that until 4:30 this afternoon when he received the staff report.

Commissioner Caruthers stated looking at the infrastructure; the applicants have gone to great lengths to hire representation to build facilities and things like that. Commissioner Caruthers asked the applicants if they have done a business plan.

Mr. Brown stated that in his head he did a business plan. Mr. Brown stated he always envisioned that it would take all three of these things working together to make a successful business. Mr. Brown stated he has operated several businesses in his life and doesn't think he has ever lost money. If there was just a bait house, that wouldn't make it by itself, just a boat ramp wouldn't make it by itself. If there was just the camping, it wouldn't make it. With all of these things working together, applicants can make a successful business. Mr. Brown stated he has looked at it long and hard with every business there is a lot of luck in the end. Things happen that you can not foresee like farming for instance. Mr. Brown stated when he bought this property; he had a business plan. He had an assessor look at it and said this land is worth "X" amount of dollars and the reason applicants think that is because commodity prices are going to be at this level. They are going to continue to rise slightly over the next few years and can justify this price. After applicants bought the property the commodity prices hit the floor, that is how good a business plan is.

Mr. Brown stated that he envisions that this will work, if all these things are working together it will be a great boom for Boone County and for people who are using the river, and for people on the Katy Trail. Both of these are like highways through Missouri and there is an ever-increasing amount of traffic. It is an on going concern that this area will continue to serve the needs of these people, it is not just limited just to Boone County, but Boone County residents will benefit greatly from this plan.

Commissioner Caruthers stated that he is concerned about the emergency services. There is a high potential for campfires. As a former DNR employee at a State park, there is a 24/7 presence by the DNR at the campgrounds to monitor these things. There hydrants available, Commissioner Caruthers asked the applicants if they have intentions to put in hydrants, even as a pump out facility off the river, anything to extinguish fires? Commissioner Caruthers stated it was reported recently that there were six fires outdoor burning alone, Commissioner Caruthers stated that with embers burning with a slight wind, there could easily be a fire. So if applicants are going to have open fires, whether in a ring or not, do the applicants have plans for an infrastructure to deal with such?

Ms. Lenau asked Commissioner Caruthers was asking about fires along the river being run away. Ms. Lenau stated that applicants just got finished burning off weeds down there and had a terrible time trying to keep the fires going. It is a little bit different down there, everything is damper, this is right along the river and there is not that much vegetation.

Mr. Brown stated he generally burns it every year. Of course the fire department will respond to a run away fire. There is the river on one side and a stream on one other end and the Katy Trail running across it, so there is potentially is not a run away fire possibility.

Commissioner Freiling asked if this would be served by a district water hydrant.

Mr. Brown stated the closest effective hydrant would be in Terrapin Hills on Route O.

Commissioner Freiling stated no a fire hydrant, but drinking water, what would be the source of drinking water?

Mr. Brown stated drinking water would come from Public Water District number 1.

Commissioner Freiling asked where that would be available.

Mr. Brown stated it comes across the Katy Trail.

Commissioner Freiling asked if it is only going to extend to the bait shop.

Mr. Brown stated they would extend it to the camping area. They are about halfway there now.

Commissioner Mink stated that staff brought up the possibility of flooding and evacuation procedures, Commissioner Mink asked the applicants to address what they plan to do should the river rise and they need to warn people to get out. What kind of procedures will be in place for that?

Mr. Brown stated that monitoring the river is easy, because there are so many monitoring stations and the threat of a flood can be predicted fairly simply. If it gets anywhere fairly close to getting out, the campground will close down.

Commissioner Mink asked if that was monitored on the internet.

Mr. Brown stated yes, on one site, there are stations that start at Boonville and go all the way up to Sioux City, they show in color at each station whether the river is rising and how rapidly. At a glance, Mr. Brown can tell whether there is any danger. You can also get more precise information if you want.

Commissioner Heitkamp asked applicants if they were anticipating river campers, folks coming up on boats and camping.

Mr. Brown stated he believed there would be some of that. What applicants are seeing now is a lot more canoes and kayaks coming down the river; applicants expect some of those people to stop. Most motor boating, except for the Lewis and Clark reenactment, usually camp along the river on sand bars, that may be true of most of the campers.

Commissioner Sloan asked if the boat ramp would be accessable from the Katy Trail side.

Ms. Lenau asked from the river or the trail.

Commissioner Sloan stated the trail.

Ms. Lenau stated it would be accessable from Route O.

Commissioner Heitkamp asked applicants how many vehicles do they anticipate at the boat ramp.

Mr. Brown stated he envisioned approximately 100. Perche Creek at this time usually has 50 and people are turned away, because there is not enough parking space. This will be expandable; applicants won't start out with it that big, it will start out big enough, then keep expanding. There will just be a gravel parking spot. If it starts getting crowded, it can always be made to be bigger. This is one of the advantages of having all this land to work with. Mr. Brown stated that they don't envision the whole thing being a parking lot, but there is enough area where people don't have to worry about crashing in to other people with their trailers.

Commissioner Heitkamp asked if the applicants will have a launch fee, if so, how much will it be.

Mr. Brown stated they will have a fee, but haven't decided how much that fee will be yet. It varies around the State from $2.00 to $7.00. The fees will be somewhere in that area. Applicants will need to figure out what their cost will be and try to charge enough to make a profit.

Commissioner Sloan asked what the current use of the land is.

Mr. Brown stated it has been a row crop, soybeans.

Ms. Lenau stated that the land applicants are proposing really isn't in soybeans. Most of it is trees and a drainage area. Applicants are putting culverts in to get the road across, so actually there is going to be a better soy bean field, the proposed area is on the edge of that. It is an integrated thing to continue to put the soybeans in, but still to have the area.

Commissioner Sloan asked staff if the rezoning is approved in order for applicants to use the restroom facilities and showers within the bait house, that have to be rezoned as commercial.

Planner, Bill Florea stated that is correct. There are probably three options. One would be a neighborhood commercial district. Another would be a planned general commercial district, presumably with uses limited to the neighborhood district. A third option would be to rezone it to recreational. However, incidental retail sales in the recreational district would require a conditional use permit. If applicants choose to rezone to recreational, they would then have to obtain a conditional use permit for the bait house.

Commissioner Sloan stated if the Commission approved this and applicants came back with a request to do whatever is necessary with that bait house, can the Commission at that time stipulate that this is the only thing this bait house can be used for and it couldn't be expanded.

Mr. Florea stated that would depend upon the nature of the request. If applicants ask for neighborhood commercial zoning, that is an open zoning district so there are very few restrictions that the Commission can place on the rezoning, the Commission can't restrict the rezoning. If applicants ask for a planned general commercial district, then restrictions can be placed on the rezoning.

Commissioner Sloan asked staff in their opinion, how much commercial zoning is there currently along the Katy Trail.

Mr. Florea stated he did not know along the Katy Trail, however, in Huntsdale there is a small neighborhood commercial district. Mr. Florea stated he would guess maybe half an acre in size.

Commissioner Sloan stated what about the rest of Boone County along the Trail.

Mr. Florea stated he didn't know outside of Hartsburg and Rocheport, there is Claysville, Easley and Rocheport. There aren't many.

Commissioner Sloan stated staff is talking about where there is some population.

Mr. Florea stated for the most part. At Coopers Landing, there is only a handful of residents who live in those areas.

Mr. Schneider stated if the Commission is concerned about setting precedence, there is the matter of the applicants having to come back with planned commercial request. The Commission would have to approve something really very specific, if applicants wanted to do something different, then they would have to go through this process again.

Commissioner Sloan stated she understood that, but it is a precedent, because somebody else is going to have another piece of property down there that they will say that this is a good idea too. It becomes harder to make sure the Commission applies everything again.

Chairperson Smith stated Boone County does not have a planned recreational.

Mr. Schneider stated he understands that. But he is sure the applicants will come back with a planned commercial request so it could be specifically tailored. The commercial aspects are very incidental to the recreational use. Due to glitches in the ordinance, it would be necessary to come back.

Commissioner Caruthers stated he gets the impression that the applicants have plans for something much larger than is what is actually before the Commission today, Commissioner Caruthers asked the applicants if that was correct.

Mr. Brown stated he wouldn't say much larger. Mr. Brown stated this was news to him, he didn't realize, as Mr. Brown stated before, he approached Planning and Zoning with this as a set piece. It seemed like it was okay to do this, he didn't think anyone would have a problem with having restrooms in the bait house and having soda and incidental items that would basically work. Mr. Brown stated he doesn't envision building another structure. If there were any expansion, it would be in the restroom area.

Mr. Florea stated that a while ago there was some discussion regarding what types of campers may be using the facility. Campgrounds are a permitted use in the recreational district. RV parks are not. The types of campers that were being discussed were tent trailers, truck mounted campers, RV's, those are classified in the zoning regulations as travel trailers and would require a conditional use permit. The facility the applicants are proposing would have to be limited to tents only unless applicants come back for a conditional use permit.

Commissioner Freiling stated that staff was saying that in recreational zoning there is no vehicular camping, and asked staff is this was correct.

Mr. Florea stated unless applicants obtain a conditional use permit.

Commissioner Heitkamp asked staff to clarify that and asked staff if campers could pull their truck in and camp under a camper shell.

Mr. Florea stated no. That is classified as a travel trailer under the zoning regulations. The application really didn't stipulate what was planned, it said campground and wasn't really specific. In listening to the discussion, those types of vehicles are classified as travel trailers or motor homes under the zoning regulations, which does require a conditional use permit in the recreational district.

Commissioner Heitkamp asked applicants if they were aware of that.

Applicants stated no.

Commissioner Mink asked if the applicants would still need the recreational zoning.

Mr. Florea stated yes, they still need the recreational zoning. If the recreational zoning is approved tonight, they can operate a campground for tent camping. If applicants want to rent sites for RV's, truck mounted campers or tent trailers; they would have to get a conditional use permit.

Commissioner Heitkamp asked who would enforce this.

Mr. Florea stated that would be the Planning Department's responsibility.

Commissioner Heitkamp, stating to the applicants, having been a resident of Rocheport for 20 years, she is well aware of the need for camping along the Katy Trail, at the same time applicants plan implies a total change of character for Huntsdale. Having the ability to park 100 trucks to launch their boats at that parking lot means there will be two trips going through town for every person who puts a boat on the river. The Commission is here tonight to listen to the people of Huntsdale and get their response to this.

Ms. Lenau stated that generally, the people in Huntsdale have been in favor of it because they've been camping and wanting a boat ramp for a long time. Most of these people have really wanted to have something like this and they are delighted to have it. Applicants haven't had any objections from the people in Huntsdale.

Commissioner Mink stated that it was his understanding that the boat ramp had already been previously approved and the Commission is just acting on rezoning a different portion of the property. Commissioner Mink asked if the boat ramp is included in this rezoning or is it just contiguous to the property.

Mr. Florea stated the boat ramp is within the area proposed for rezoning.

Mr. Brown stated the boat ramp was approved by the Corps of Engineers.

Commissioner Mink stated the boat ramp was approved by the Corps but not by the County.

Mr. Florea stated the Corps and possibly the DNR as well require a permit.

Commissioner Freiling stated that the permit was issued by the Corps, but that doesn't give applicants the right to use it for commercial purposes.

Mr. Brown stated he was told by the Planning and Zoning Department that they would not need to rezone for the boat ramp, as it was a permitted use in the A-1 district.

Commissioner Mink asked staff to clarify that.

Mr. Florea stated he didn't know if it was a permitted use or not, but is not sure a boat ramp would be classified as a land use. Opening it up to the public would classify it as a land use, presumably that is the intent of the rezoning, in part, is to open up that boat ramp up to the general public.

Mr. Brown stated he understood he needed to rezone only for the camping area. That was the only thing he needed to rezone.

Commissioner Heitkamp asked applicants if they discussed with the Army Corps of Engineers whether this boat ramp would be used commercially or for private purposes.

Mr. Brown stated basically it is under Section 36, it only specifies a width, so it is not a wide boat ramp, 18-feet, there are special designations. But it is not just for private use; there was never any discussion of it being other than for people to use. They would allow other people to use it.

Commissioner Heitkamp asked if it would be allowed to be used for profit?

Mr. Brown stated yes.

Commissioner Florea stated that activity requires the rezoning.

Open to public hearing.

Speaking in favor of the request:

Present: John Williamson, 4903 Coats Lane, Columbia.

Mr. Williamson stated his family has owned property adjacent to this property for six generations. There are about 1400 acres of river bottomland that is right across Grocery Branch from the boat ramp. Mr. Williamson stated he has known the Brown's since they purchased the property. There have been tremendous changes in this neighborhood in the last ten years. Ten years ago, the Terrapin Hills subdivision was a farm. Mr. Williamson stated he knew the Wilhite family and is in fact related to them. That has been a change in the community. The Katy Trail has come through in the last 15 years and that certainly has been a change, there used to be trains running through there.

Mr. Williamson stated he has lived probably 1/2 mile from this area and has lived there 20 years and believes it would be tremendous benefit to the community. Currently, the boat ramps in the area at Providence and Taylorís Landing, which is across from Rocheport on the Cooper County side of the Missouri River. This would be a benefit for fisherman and people who like to put boats in the river and travel around. It would be a great benefit to them. Other changes that have happened in the river bottom, about 10 years ago, the Missouri Department of Conservation bought several thousand acres of the river bottom farm from willing sellers and have developed that in to the Eagle Bluff's Wildlife area. They have added some land to that a couple of times through a couple of purchases. Two farms sold this past summer for recreational use for hunting. People from out of town bought the land and they have developed the land for duck hunting there. The City of Columbia, in the last 30 years have put in 16 wells and their sewage treatment facilities. This area of Boone County is rapidly growing, it is constantly evolving and it is naïve to think that everything is going to stay the same.

Mr. Williamson stated some of the changes he has mentioned were good, others were bad, but it happened. Mr. Williamson stated that he has had some experience with campers. People call all the time wanting to camp on his farm. The big Burr Oak tree is on his farm and people come to see that on the trail. The boy scouts and other groups have ridden their bikes there and have camped on the Williamsonís farm for many years and for several generations of his family have allowed people to camp. Hunters as well. Mr. Williamson stated that he doesnít see any problem with this and doesnít think there will be 100 vehicles at the boat ramp. If they are, maybe that is just for one day a year. Maybe the people will just put a boat in and leave and not leave their truck there all day.

Mr. Williamson stated he hasnít had problems with people on the trail, that was never his objection to the trail to begin with, that he thought there would be theft, vandalism and malicious mischief, it was a legal principal. The people who use this campground will be respectful. Mr. Williamson stated the people who camped on his farm always have been. Mr. Williamson stated he doesnít charge by the way, so doesnít think he needs a permit for that. As a life long resident of this community, Mr. Williamson stated he does own land in the town of Huntsdale and believes this campground would be a good asset to the community.

Geoff Gunnell, 8989 Terrapin Hills Road, Columbia.

Mr. Gunnell stated that he personally believes this is good idea. It seems like it is an appropriate land use. You canít get a more appropriate location than the Missouri River valley for a boat ramp. Camping next to the Katy Trail again seems like a totally appropriate land use. As far as the community benefits, another boat ramp is needed. Taylorís Landing has become inaccessible since the flood of 1993. The ramp south of Ashland in Hartsburg is very difficult to use; it puts you out right in the current. The Department of Conservation tore up the Providence/Perche Creek access and left it torn up for several months. It is very hard to get to that access. Many people will continue to use it because it is free, but it would certainly help to have another boat ramp in this area.

Mr. Gunnell stated that another benefit would be for the trail, the people on the trail would certainly get benefit from this from the camping. Another aspect of the benefit is money, as the Commission knows, Route O could use some additional paving work. One of the problems is getting MoDot to prioritize it. If the community could get some additional uses to point to down there, it would help the community to get Route O improved and that would help the entire area. It would benefit the bicycling community, Route O is one of the posted bicycle routes from the Columbia Bicycle club, there are a lot of bicycles on the road, a lot of those people would be interested in camping, the would also be interested in getting Route O improved. Ultimately, when you look at the long term use of the land, because Route O comes that close to the trail and the river, something is going to happen in that area. When you look at the flood plain, Mr. Gunnell stated he doesnít like the options. If you donít farm it and left in beans, that is one thing. The other options are industrial uses like a barge dock or sand plant, there arenít any uses other that recreational that are particularly appealing. Mr. Gunnell stated that to him that area, because of the proximity of the road and trail, recreation is an ideal zoning answer for that land.

Tim Dianics, 4912 Kirk Hill Road, Columbia.

Mr. Dianics stated he owned lot 15 in Terrapin Hills. Mr. Dianics stated he could not think of a better group of support than campers, bicyclists, hikers and fishermen. They tend to go about their business, they leave other people alone and you donít have problems with vandalism. If the Commission ignores the opportunity to support these groups of people, we will be passing up on a well-earned opportunity.

Speaking in opposition to the request:

Present: Stan Clay, 9250 Terrapin Hills Road, Columbia.

Mr. Clay stated that his property was developed by Linda Lenau and Robert Brown, which is called Terrapin Hills. It is the old Crump Farm. Mr. Clay stated his lot is located on the river bluff, lot 44 in the plat, which is the next to the last lot before Huntsdale, the bluff essentially ends at Huntsdale. Prior to purchasing that lot for house construction, Mr. Clay was first drawn to it by an advertisement in the Columbia Tribune and by a brochure distributed by the applicants, which touted their development for its "Panoramic Missouri River Views and country seclusion". This was the representation the applicants made for the development known as Terrapin Hills

Mr. Clay distributed a copy of the brochure.

Mr. Clay stated in addition to what is in the advertisement and in the brochure applicants had for the public, the applicants verbally represented to Mr. Clay, his wife and other individuals who purchased lots on the bluff, that the farmland out in the floodplain that the Commission is discussing today would not be developed, it would remain farmland. Based on that representation, Mr. Clay bought a lot and built his last house. The house is designed to take advantage of the panoramic view of the Missouri River. In fact, Mr. Clay stated his family room, living room area, has about 28 windows that face the Missouri River as it goes across the back of the property and curves at a bend and it goes on in to Cole County.

Mr. Clay presented photographs that were taken of his patio, which shows the property in question for rezoning.

Mr. Clay pointed out on the photograph the bend in the river, the boat ramp that is under construction, and the campsite.

Mr. Clay presented photographs of scenes taken from the patio of his house in the fall and winter which shows the view of the property in question for rezoning.

Mr. Clay stated that it has been represented at one point that there would be some monitoring of what is going on at the campsites, whatever number that is, if it is the number theyíve heard this evening or an expanded number in the future. One of the Commissioners asked what kind of control the applicants are going to have and the ability to make sure people are going to follow the regulations. It has been represented to Mr. Clay that these two developers have indicated in the meeting at their home on Monday, February 18, 2002, that the applicants are not really going to actively monitor the property, it is going to be kind of on an honor basis. There will be boxes for people to put their money to pay the camping fee and they are not going to actively going to go down to monitor what is going on. That is important, because about a year ago inside Mr. Clayís house, Mr. Clay heard a lot of noise out in the field. Mr. Clay stated he went outside and saw probably 15 or 20 motor vehicles parked along what is essentially the beginning of the roadway the applicants want to put back to the boat dock. There were all kinds of people out there with music and noise; you could hear it inside Mr. Clayís house. The applicants didnít know what was going on until Mr. Clay called and spoke with Ms. Lenau and told her there were people out in the field having a party. Ms. Lenau had no idea that was happening until Mr. Clay called her. Ms. Lenau then called the Sheriffs response was 20 or 30 minutes before they could get anyone to do anything.

Mr. Clay stated that noise naturally travels far. There is a railroad line maybe 2 miles from the bluff over in Cooper County, which runs along the bluff. Mr. Clay stated he can hear the engines from those trains in his house at night. Sound travels well and there is going to be a noise problem. Mr. Clay stated he believes there are going to be other problems. Mr. Clay stated he has no problems with people on the trail although he can hear them talk from his patio, it is not a problem. You can be assured that once the word gets out in the University community or with other young people that there is a place you can go and spend $4.50 a head and go down there at night with no one monitoring and they can party. They canít party on campus. You have seen the problems that have happened before at Easley when the kids get out of control and lose their judgement. Mr. Clay stated that is the concern he has.

Mr. Clay stated there has been a comment earlier about limited emergency response. The volunteer fire department does the best it can, medical response is fairly far away and the Sheriffís department has limited resources as far as response time in taking care of issues in the County. There is potential for light pollution, it has been mentioned that the boat ramp is going to be lighted, there will be campsites with fires. There has also been some representation made that a different portion of this land will be developed in to some type of duck hunting club, which would be immediately outside Mr. Clayís house down on the floodplain.

Mr. Clay stated he and his neighbors have already had problems with people trespassing on the Brown/ Lenau property and shooting handguns that ricochets come through the trees by his house. That is a concern for the future and a concern because this is the beginning. No one is even sure how many campsites there will be, applicants said first there would be eleven sites. Applicants said they have more plans for this land. If you look at the recreational zoning, it is pretty wide open; applicants can do a lot of things besides campsites.

Mr. Clay stated he is also concerned somewhat about the amount of traffic that will go across the trail. The trail has increasingly more hikers and bikers. The roadway and access to this property, for whatever use, will go right over this trail that is a concern. There is also concern for the increased traffic on Route O. Mr. Clay stated he drives that everyday, it is narrow and hilly. Mr. Clay stated that regardless of what his friends have said before him, Mr. Clay doesnít think it going to be beneficial to the bike club who are riding on Route O. The bikers are not going camping, they are riding for what they practice for what they do in a race. It is already scary when you drive out there and come upon a biker on Route O. If you start adding trucks and boat trailers and other individuals going down there, it is going to increase the risk.

Mr. Clay stated there is a lot of representation tonight as to what is going to be done and innuendo and not clear facts as to what is going to be done in the future. Mr. Clay stated with his experience in Terrapin Hills, you canít always believe or trust what is going to happen or what is not going to happen when it is represented by the developers. Terrapin Hills has restrictive covenants in that development the applicantís control whether or not those covenants are enforced and they are not enforced uniformly. They are enforced against some people sometimes and not others. It is the applicantís whim on what they are going to do as enforcing the restrictive covenants.

Mr. Clay stated regarding the bait house the questions are very astute on the cart is before the horse, at least half of the square footage of the bait house is designed for showers and bathrooms. When the Commission heard what applicants are going to do with the bait house, it is not a bait house. It is selling commercial items; it is not really a bait house.

Mr. Clay stated those are the concerns that he has. Mr. Clay stated he has no problem with people who ride and bike on the trail. But the concern Mr. Clay has is what he has expressed and requests that the Commission deny the request for rezoning.

Greg Early, 9081 W. Terrapin Hills, Columbia.

Mr. Early stated he would echo what Mr. Clay mentioned and wonít reiterate those things but everything that Mr. Clay stated, Mr. Early echoís in concerns. Mr. Early added that much like he sensed the panel in evaluating this case had some very genuine and good questions in regarding the thoughtfulness and forethought that went to this project to begin with.

Mr. Early stated he believes there are enough questions that canít be clearly answered such that the project itself should be either more thoroughly investigated and if that is the case, then the progress to move forward might be halted. Mr. Early asked the Commission to consider that this evening and asked that the Commission deny the rezoning request.

Bonnie Baker, 3869 S. Felicity Lane, Columbia.

Ms. Baker read a statement which stated that she wanted the Commission to visualize themselves at a certain point of their lives, youíve been highly successful and are ready to slow down a little and enjoy the fruits of your labor and are ready to build your dream home. Youíve spent the last few years mentally designing the interior, exterior and grounds to the last detail and are ready to make it a reality. But first you need the right setting, a few acres, not too big to maintain, but so small that it doesnít showcase your dream home and you hear about Terrapin Hills. Standing on a vacant lot, you can look at the sun setting on the bluffs of the Missouri River, you can see the shadows creep up the river bottom across the fields and the farms. You have found the perfect spot for your perfect home; this is where you want to build. You are not an unsophisticated buyer, you realize you canít own the view, so you inquire and rely on the assurances that the river bottom is floodplain and can never be developed; that is not hard to accept. Who doesnít remember the recent floods? So you believe it when you are told that its only possible use is agricultural. You buy this lot, with it pristine view and set about turning your dream in to a reality. Soon, you are sitting in your home watching the sunset; you canít wait for nightfall, with more stars than you could ever count. Its beautiful, except look, right in front are a few cars, some tents; not a big deal right? Then why canít you see anything else? This tiny blemish obscures the entire vista, so in stead of seeing the fields swaying in the breeze, your minds eye is already picturing the empty cans and bottles you will be picking up along the trail during your morning run. With the den of the campground, revelry ringing in your ears, you will strain to hear the familiar chugging of the river barge as it makes its way. You will long for the sound of the train as it winds through the river. You are worried that calling the Sheriff again, to complain about the noise will result in an unfavorable perception of you by the law enforcement officials. As the hours pass, you are concerned that the revelry will get out of control and turn in to vandalism or worse. Lately youíve begun having concerns about your family being safe, home alone at night when you are away on business. Groundless, perhaps. But your beautiful dream has evaporated with the river mist. The crown jewel in the pinnacle of your lifeís achievement has lost its luster; you paid for a diamond and what you have now is glass.

Ms. Baker stated she bought her lot because of the view, the camp wonít be in her view, but that is not why she is here. Ms. Baker stated she is here in support of her neighbors, who would not have built their homes, had they known of these plans and supports leaving the zoning agricultural because it is the right thing to do by the applicants. Ms. Baker stated the Commission has to evaluate whether the good of a few citizens outweighs the good of the community. Does this rezoning truly enhance our communityís quality of life. In deliberating this, Ms. Baker asks the Commission to consider that they may be envisioning a Rocheport, but there will be nothing they can do about it if you end up with an Easley.

Ms. Baker stated to the Commission to please be aware that next; it could be them expecting diamonds and ending up with glass.

Corinne Little, 9290 W. Terrapin Hills, Columbia.

Ms. Little stated that she wanted to support what has been said here. Ms. Little stated she agrees with everything that has been said here in opposition to this building and to also to tell the Commission that it was also represented to her and her family that this lot belonged to the Lenau-Brown group and it would never be anything but agriculture. Ms. Little stated that they spent a significant amount of money to build a large home directed exactly at that view and enjoying it for several years. Ms. Little stated that if this is rezoned it will reduce the value of her home and agrees that this would be bad for the community and bad for Ms. Little personally and her property values.

Ron Newman, 9230 W. Terrapin Hills, Columbia.

Mr. Newman stated he has lived in Terrapin Hills for about 2 years and has 2 lots. Mr. Newman stated that some disturbing things have come up that he would like to straighten out. First there was a statement by Ms. Lenau that everyone that lived in Huntsdale was in favor of this project. Mr. Newman stated his wife went and interviewed several of the residents and one of them, Tilly Minch, was aware of a boat ramp being built but had no idea that there was going to be any campsite development. Next, Mr. Newman stated he would like to have the opportunity to read a letter from a couple who have also purchased a lot in Terrapin Hills.

Mr. Newman read the letter. The letter is dated February 15, 2002, and states: Dear Members of the Boone County Planning and Zoning Commission, my wife and I are wholly opposed to the rezoning petition filed by Robert Brown and Linda Lenau for approximately 26.5 acres of land near Huntsdale. We purchased our bluff top property with the understanding that the agriculture land viewed from our lot, number 33, owned by Robert and Linda would remain as crop land. This appealed to us having lived in the Central Valley of California adjacent to farmland. We do not want to see our view spoiled by camping facilities and all the intended activity that might come with rezoning to recreational use. We were sent a letter by Ron and Pam Newman which detailed information about the planned usage for camping and concur with their sentiment that many adverse impacts would result from rezoning approval; including increased noise and potential disturbance from parties and or drinking, lost dogs, light pollution and many others. Much of the attraction of Terrapin Hills that was represented to us by Robert Brown and Linda Lenau was that it would be a quiet peaceful community. We hope that sensible input from Terrapin Hills residents at this time will ensure that this rezoning proposal is not approved. Sincerely Ned M. Gruenhagen and Elaine A. Backus.

Mr. Newman stated that he concurs with everything that has been said regarding the opponentís view on this question. The irony of this whole proceeding is that the first photograph that the Commission was given by the applicants was taken by Mr. Newmanís property. Mr. Newman stated that on a lighter note, he could charge admission to watch the 450 people march through the bathroom facilities at the bait shop. It was mentioned in the meeting at the Brownís home that every year, part of that primitive campground does flood. That is an additional issue that should be considered.

Mr. Newman stated that another concern is much greater than that. There is now a concrete plant over by McBaine on the other side of Perche Creek. Concrete trucks are moving at high rates of speed down Route O in the morning and afternoon and they are a great danger to the residents of that area. A big concern is when traffic increases on Route O, itís going to take out a bicyclist or a person who may be hiking along the trail, it could be a motorist who lives on Route O or pulling out from their own property. Also increased trailer traffic from boat trailers can easily hook a wheel on the berm and cause damage and casualties on that property.

Mr. Newman stated his last comment is that he enamored with western Boone County. Mr. Newman stated he loves the property where he lives and has Eagles flying over his house in the winter. Mr. Newman picked the lot because it had been basically trimmed of trees to represent a summer view and a winter view. On that emotional reason and the site over the Missouri River, that is why he chose the property and is opposed to any rezoning request that the applicants are requesting.

Doug Randall, 207 Rockingham Drive, Columbia.

Mr. Randall stated he is in the process of building a home at 9181 Terrapin Hills Road, which overlooks the bottoms and the site where the campground is proposed. During the time in 1997 when Mr. Randall was considering this property, he lived in Columbia and had no intention of ever building a home, but saw the property and talked with Mr. Brown about this property. It was Mr. Randallís chance to build his dream home. Mr. Randallís first question was what is going to happen down in the bottoms, because it was the view and the rural environment, Mr. Randall stated he grew up in rural America and is a native of South Dakota. The rural world is where he would really rather be. Mr. Randall stated he understands what Mr. Williamson has been through and the constant that is going through. Mr. Randall stated he particularly loves the Burr Oak that is down there and drive by it constantly. He enjoys the wildlife, and the eagles that come over.

Mr. Randall stated that his concern is that he was sold the property at premium price because it is river view and because the land had been set up to view the river and much of this might be destroyed. Mr. Randall stated he is a big proponent of the Katy Trail and thinks it should be used and likes to see it used and likes what has happened in Rocheport and would love to see bed and breakfasts in Huntsdale. Mr. Randall stated what he doesnít want and what he is totally against is rezoning is a site that can now become a party site like the Easley bluff or hill.

Mr. Randall stated that he is concerned that the boathouse, ramp and campsites are only the first stage. One covenant of the subdivision is you canít have dusk till dawn lights, this campground will have lights there.

Leslie Sapp-Clay, 9250 Terrapin Hills Road, Columbia.

Ms. Clay thanked the Commission for their thoughtfulness and stated that the land can be used as agricultural and it is being used. Ms. Clay stated that she was concerned that this was part of a bigger business plan.

Ms. Clay stated that the Commission has seen the ad and flier. There is an article in the Tribune, again, you canít always trust 100-percent what is in the paper, but by and large, they are fairly accurate. There was a Tribune article from March of 1997 where Linda Lenau said specifically this place is for limited traffic, rural living, and no spec homes. Then later on the applicants have now decided to trash all of those representations they made to the Tribune and all the representations they made to the buyers. There has been inconsistent enforcement in the variety of covenants. One of the people mentioned one of the covenants, which as far as she knows, has been enforced, is no street lights in the development and no lights outside the homes that cant be turned off. You canít have just automatic lights that come on and canít be turned off at night; in other words, no light pollution was the idea. Now we have something where we will have, eventually some sort of light pollution. Incidentally, the spec home incident, which the applicants permitted, was something they had their son build.

Ms. Clay stated the Commission noted that the applicants built a bait house with inappropriate plumbing for a bait house, however, it is certainly appropriate plumbing for camping. There was some representation that the applicants didnít know that they couldnít do something more with that bait house than sell bait. Ms. Clay asserts that they did know. Attorney, Bruce Beckett wrote them a letter in September telling the applicants that they couldnít do anything more than sell bait or bait related products, if the applicants do, they will have to face legal action or get the property rezoned

Ms. Clay stated there has been a very serious to avoid telling the people in Terrapin Hills about this rezoning. Apparently, Mr. Brown has been reluctant to pay for notice to the neighbors and very carefully measured out the area to be rezoned. The actual area to be rezoned is apparently more than 1000 feet from the property in Terrapin Hills. Although Mr. Brownís own property does abut the Katy Trail and the Clayís abut the other side of Katy Trail. Of course if the applicantís want to rezone later, the area that hasnít been rezoned, the applicantís will have to tell the owners in Terrapin Hills, but at that point, the camelís nose will be in the tent.

Ms. Clay stated there has been sporadic implementation of park and pond maintenance in Terrapin Hills, which applicants are responsible for because they have made themselves, through the covenants and the articles of incorporation, they are the committee that enforces everything. There was an email promise to plant trees as a visual buffer for people along the bluff. Apparently that is now an iffy thing. Again, the Tribune, may or may not be accurate, but the article noted that this development was designed very carefully so that Terrapin Hills would not come within any County regulations for subdivisions. The lots were kept just large enough. As a result, there were concerns by Don Stamper, Presiding Commission and by various officials of the County who are in charge of fire and police about whether or not Terrapin Hills might not be a good idea to go under the radar, so to speak.

Ms. Clay stated she noticed but doesnít know what the relationship is, but it seems very odd. Although it has been very sporadic enforcement in the covenants, recently, residents in Terrapin Hills did get the opportunity to vote on whether or not the residents could allow ATV use in the development, by a 2/3 vote. Ms. Clay stated that made her wonder that maybe if they approved the use of ATVís in the development, then the residents can not complain if there is ATV use, which is a recreational use later on in the area.

Ms. Clay stated she was offended when there was an attempt to start an email chat group for Terrapin Hills without identifying whom it was that was running the chat group. This was started at the same time the residents had started to object to the plans that were in use. Ms. Clay stated she does not like the idea of not being up-front and honest, this was not up-front and honest. Now the residents know that was a chat group that apparently started by the applicants.

Ms. Clay stated that currently the land is used for agriculture and can be used for agriculture. Agricultural use includes other things; the applicants could use it for a greenhouse, nursery, pasture and park preserve. There are lots of things you can do with an agricultural use. There are immediate problems if the Commission does grant a zoning change. Increased traffic and accidents on Route O, bicyclists who are there not to be on the Katy Trail, they are mountain bicyclists, they want the hills and curves. Currently, they can swerve around the cyclists, but Ms. Clay doesnít believe that boat trailers can do that. Someone is going to get hurt. There are a lot of deer on the road, Ms. Clay doesnít know if a boat trailer, especially if operated by students, or drunk students, can swerve around a deer. Transient populations, at this point if it is just $4.50 a head per night and it is not monitored after dark, what is to keep the hoboís from staying there? It was asked before whom is going to monitor it, Ms. Clay stated she knew who was going to monitor it, it would be her and her neighbors. Because the applicants will not be there to hear it or see it.

Ms. Clay stated there will be an increased need for fire protection, people who are there will be smoking, and there will be fire rings. Although there is not much stubble right now and it is February, in the summer after things get dry, things can burn. The field can burn. Ms. Clay stated she is concerned about the fire protection. There will be an increased need for ambulance service. Again, drinking and parties, the photographs that the Commission saw earlier, notice there is a sand bar in the middle of the Missouri River. Ms. Clay stated she can see these people especially students who are not able to have their drinking parties on campus going there, deciding that the sand bar would be a good place to go. Occasionally that does happen, just usually and individually you see a campfire. They will go across to the sandbar, being students, they will probably have more than they should to drink and there will be problems with rescuing them. Trash will not be adequately policed unless Ms. Clay does it, Ms. Clay stated she does not want to police it. Wildlife disturbance, there was a lot of wildlife that was advertised in the flier about wonderful wildlife, they will be run off.

Ms. Clay stated there are sewage issues, it does flood in that area. Ms. Clay stated she was not there in 1993 or 1995 but has been there since then and every year it does flood in the spring. Later on, it does not flood, it dries up and you can grow crops and during July and August it gets dry and the stubble is very flammable. There will be a danger to trail users, there will be cross traffic on the Katy Trail. The boat ramp and campers have to cross the Katy trail to get there. Something needs to be set up to protect those bicyclists. The types of users at the camp will not be policed; it could be transients, drunk partiers.

Ms. Clay stated she does not accept any proposal that the applicants intend to do this or intend to do that. They intended to give the property owners a panoramic river view and now they intend not to produce it. The applicants intended to lots of things in the past and they havenít kept their word. Regarding the diminished property values, the applicantís attorney stated "lets compare it to the Katy Trail". There is a difference. The people that objected to the Katy Trail, such as Mr. Williamson, there were objections because there was a taking by the government without compensation to the owners. That is understandable as being an objection. Ms. Clay stated she is not objecting to taking a part of her parcel of property, but to the trash that inevitably come from this sort of view and noise and light pollution. Ms. Clay stated she is offended by someone who doesnít keep their word.

Ms. Clay stated that the C-N district is needed for a bait house. Ms. Clay stated she looked up in the zoning regulations, if applicants did get C-N zoning they could have a club or lodge, retail stores, restaurants, cleaning establishment, veterinary clinic, and bed and breakfast. Ms. Clay stated she didnít mind if most of that stuff goes on in Huntsdale, but does object when it can go on in her view, when she has been told that she will not have that kind of view. If applicants do get a C-N district for their bait house then later on they may get conditional use permit under a C-N, which could include a bar or massage parlor, Ms. Clay stated she does not want those, that certainly would fuel the flames.

Ms. Clay stated the applicants say they intend to adopt the DNR rules, again is it like they intended to sell the panoramic view. Applicants say they will keep it as nice as they can. Ms. Clay showed photographs that show that keeping it as nice as they can is not necessarily as nice as Ms. Clay wants it. Their own property from Route O does not look very pretty, why should she expect the applicants to keep the property that is in Ms. Clayís view and away from the applicants very pretty?

Ms. Clay stated that the DNR wants camping every twenty miles. Ms. Clay stated that as she understands, people can camp in Easley to Rocheport, that is less than 20 miles. Ms. Clay stated that applicants donít live close enough to be aware of parties; the Clayís have to tell them. The applicants intend to consult a landscaper, is this just like they intended to give Ms. Clay a panoramic view?

Ms. Clay stated that the boat ramp was done two years ago, which was also after most of the bluff lots had sold. Applicants plans to put a road in where the area floods; the road from the bait house to the campground. There is a little dirt path right now, which can be seen in photographs that have been passed around, it is sort of like a little ditch right now; it floods just like everything else in the spring. It canít be done the same way as the Katy Trail because it would wash away.

Ms. Clay stated she is not very comfortable with applicants story regarding the number of campers and campsites, we donít know how many there will be with 26-acres. Say there is a campsite every quarter acre; that is over 100 campsites. People at the camp wonít walk to the bait shop to go to the bathroom, that is too far. Applicant intends to have accessable campsite, like he intends to have a panoramic view for Terrapin Hills. Apparently, applicants knew they needed to rezone the bait house to C-N because of a letter from Bruce Beckett. Applicant mentioned 100 pickups at the boat ramp, which was startling to Ms. Clay. Where is applicant going to put all those campers that might be associated with them? Apparently, he does intend to seek rezoning of his own property further on within Ms. Clayís view and make it in to a parking lot campsite. Applicants stated that they didnít know that pickups with camper shells required a conditional use permit just now, but they intended to allow them, so they will seek a conditional use permit. That is coming down the road, the Commission knows they will come and ask for more permits. A boat ramp in the regulations wouldnít be in an A-1, but REC zoning includes a marina, but boat ramp is not in any of these, so Ms. Clay believes a marina would encompass a boat ramp. It will also need to be rezoned. Applicants will have to come back. For the record, every time the applicants come back there will be people here who will object.

Closed to Public Hearing.

Chairperson Smith asked the applicants if they wished to address any of the concerns.

Mr. Brown stated there was an awful lot of them.

Mr. Brown presented a brochure for Terrapin Hills.

Mr. Brown read part of the brochure which read, Terrapin Hills actualizes a dream for those of us who wish to live an active outdoor life, a real community while retaining the convenience of urban living. Love of nature and beauty are the guiding principals behind Terrapin Hills. Our goal is to appeal to those of us who love camping, gardening, hiking, biking and outdoor activities.

Mr. Brown stated that has always been the intention of people at Terrapin Hills. Another concern mentioned was that he promised that he would never do anything with another piece of property that he owns outside of Terrapin Hills. Mr. Brown stated that was incorrect and told people that he owned that piece of property and that one day he would probably sell that piece of property but has not made any promises as to what he would or would not do with that piece of property. Mr. Brown stated that he did not believe that having some campsites down there would destroy the property ownerís view of the river or their panoramic view or create undue hardship on them.

Mr. Brown stated he believed it would be a boon for people who enjoy doing things outdoors and to have the opportunity to go camping along the river and to have a boat to put in to the river. Mr. Brown stated he didnít expect there would be that many people opposing to the request. The size of the development, the Katy Trail takes 26.5 acres of his property and essentially for recreational use and commercial use. Mr. Brown showed the survey to the Commission stating that the original survey of the property done by Dan Brush. When it was surveyed, Mr. Brush laid out a series of pins. One pin was along the bank of the river. (Mr. Brown pointed out where the other two pins were located on the survey). In order to try and minimize the surveying costs Mr. Brush drew a line from one point to another. (Mr. Brown pointed out those points on the survey). The survey is ideally bigger than it needs to be because Mr. Brown was trying to minimize his costs.

Mr. Brown stated that some of this area is so thin along the river that it will probably never be utilized in terms of camping. Mr. Brown stated that maybe he overstated hoping that there would be 100 people using the boat ramp at some point, but maybe that is just wishful thinking. What applicants intend to do is what he showed to the Commission at the beginning and that is eleven sites, maybe a little group area. Mr. Brown stated he believes that is reasonable and doesnít feel that he misrepresented himself to anyone through the course of time. The other complaints seem to be within Terrapin Hills. Terrapin Hills is the most beautiful subdivision in Boone County and believes it is a wonderful place to live. Mr. Brown stated he doesnít believe the boat ramp, bait house, and campground will detract from it being the best subdivision in Boone County.

Mr. Brown stated that he has heard hints of violations with the covenants and restrictions, but no one has ever presented him with a list of such. The development has been well run and believes he has kept all of his promises and hasnít promised anything that he hasnít delivered on. Mr. Brown stated he is sorry that some people feel that this might hurt them in some way, and doesnít believe that is true.

Ms. Lenau stated she is in real estate and has been for the last 12 years. Applicants still have 6 lots that they still have not sold in Terrapin Hills. They would never have embarked on this if applicants thought it was in any way going to hurt the area. Applicants have been very fortunate that these people enjoy their property and feel so highly about it. Ms. Lenau stated that she didnít believe that this would obstruct the property ownerís view of the river or sunsets or panoramic views. As the photograph presented to the Commission shows, it is so minute; you will not be able to see the people there unless you have binoculars or telescopes. It is thought out to incorporate in to the larger plan. Frankly it is not a real money making project, but just a dream the applicants had to do this and it seems like the Missouri river is becoming a recreational area and applicants saw this, as the closet point on the Missouri river to Columbia, for this to happen.

Ms. Lenau stated she is an avid tent camper and loves to camp in beautiful spots. Of all the campgrounds the applicants have looked at along the Katy Trail, there arenít any facilities that are going to compare to this. It is going to be absolutely beautiful applicants just wanted a lot of people to share that experience.

Mr. Schneider stated he wanted to respond to this becoming a party site. That seems to be based on the premise that for some reason the Boone County Sheriffís department won't respond to calls and it is totally unfounded. Also, there seems to be some suggestion that this is just the beginning of some commercial complex. The reason why commercial zoning would have to be requested for the bait shop is simply because the restroom facilities would be used in connection with the campground. That is the only reason why it would be a commercial application. There might be some incidental sales of soda and things of that sort, but it is not a commercial application.

Mr. Schneider stated that in as much as the County has planned commercial, the Commission can require that the planned commercial to come back before the Commission so they can specifically monitor and address whatever concerns they have. The Commission doesnít need to deal with imaginary horribles. If the Commission wants the planned commercial coming back before them in terms of the boathouse, the Commission simply should require it.

Commissioner Freiling stated that he has sympathy with everyone present. Normally, it is not this bodyís function to consider private relationships between buyer and seller and representations that have been made. It is complicated in this case in that the applicants clearly were involved in creating the neighborhood that seems most concerned about it. Commissioner Freiling stated his biggest concern aside from the human side, is that Commissioner Freiling stated he dislikes blanket rezoning and it is a large tract. Even though he accepts the present intentions, it is very difficult to tell what can happen in the future. Even though he believes the presence of these kinds of campgrounds along the Katy Trail is a benefit. The distance from supervision and services is troubling. To this point, these facilities have come up in the incorporated areas in the smaller cities along the river and trail with the exception of Cooperís Landing, which has been there so long, it is probably grandfathered. The fact that it is not economically liable enough and being in the floodplain, applicants can not count on full time staffing. Being a south Boone County resident and watched what has happened at the end of the road at Hartsburg, it doesnít take much imagination to see that particularly in the times when there are not campers there, that the area may be more mischief than when there are.

Chairperson Smith stated that in addition one of her concerns is the fact that the County does not have a planned recreational district. If there were a planned recreational district, the Commission could hold the applicant to plans. That is not possible, and frankly, Chairperson Smith stated that she hasnít heard enough about what the big plan is. She has heard about a lot of little plans and is not opposed to the little plans, but the Commission has to go by the rules and regulations that the County has. This does open it up for a lot of different recreation by giving this general recreation zoning.

Commissioner Heitkamp stated that the comments by the Terrapin Hills owners about the scenic view are indicative of what the Commission will face in the future in regard to the Missouri River. This is an ideal time and an ideal place to have a master plan, a river plan that incorporates scenic, land use, recreation, and the Katy Trail. Get everybody together and agree what you are going to do. Commissioner Heitkamp stated she didnít hear concordance or agreement tonight, but invites all present to write their Commissioners and tell them that there is a problem and a master plan is needed in this area and ask the Commission to get started on it.

Commissioner Caruthers made and Commissioner Heitkamp seconded a motion to deny request by Linda Lenau and Robert Brown to rezone from A-1 (Agriculture) to REC (Recreation) of 26.5 acres, more or less, located at 3595 S. Sarr Street, Columbia.

Chairperson Smith informed applicants that an appeal would have to be made within three working days if the applicants wished to pursue this issue.

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Request by Delores Sanders Mead and Lewis V. Mead, Wanda and Sidney Powell, on behalf of Jira Heating and Cooling Service, Inc. to rezone from R-S (Single Family Residential) to ML-P (Planned Industrial) and to approve a Review Plan of 11.85 acres, more or less, on property located at 7171 W. Henderson Rd., Columbia.

Planner, Bill Florea gave the staff report stating that this property is located on the north side of Henderson Road just west of the intersection with Ivy Lane. The original and current zoning for the tract is Single Family Residential, R-S. The zoning of adjacent properties is R-S to the west, north and east, Neighborhood Commercial to the southwest, Planned General Commercial to the south. Zoning south of Henderson Road is General Commercial and Agriculture Residential. The proposal is to rezone the 11.85-acre tract to Planned Light Industrial, ML-P. The proposed use is an ice production plant. Other future uses include all uses permitted in the M-L District except for the following: massage parlor, bar or tavern, hatcheries, veterinary office or clinic, animal hospital or kennel.

The Master Plan designates this area as suitable for residential land use, but also identifies a significant commercial node in the Midway area. The Master Plan promotes the use of Planned Districts as a means to establish new commercial and industrial areas. The Master Plan identifies a sufficiency of resources test as a means to judge the suitability of land proposed for rezoning. The resources necessary to support the proposed rezoning can be broken down into three general categories, Utilities, Public Safety Services and Transportation.

Utilities currently available to the property include electricity, telephone and water.

Boone Electric has adequate infrastructure in place for the needs for the development.

Consolidated Public Water District Number 1 provides water service. There is a four-inch main along Henderson Road and a twelve-inch line approximately 70-feet north of the property, which is capable of providing over 1000 gallons per minute. In order to receive water service the developer will have to extend a main from the 12-inch line to the property. Fire hydrants will be installed so that each building is within 300-feet of a hydrant

There is no public sewer service available to the property. However, the proposed use does not generate a large amount of wastewater. The developer has placed a note on the review plan, which states that other uses that generate significant quantities of wastewater will be discouraged.

The property is located within ľ mile of a Boone County Fire District Station. The close proximity of a fire station combined with the required fire hydrants will provide adequate fire protection. Law enforcement and emergency medical services can easily access the property due to its proximity to US 40 and I-70.

A 25-foot wide landscaped buffer is planned for the perimeter of the property in order to screen the proposed industrial uses from future, possibly incompatible, land uses on adjacent property. The buffer will consist of two alternating rows of evergreen trees. Existing vegetation will be used where it is shown to provide adequate screening. Screening has not been requested adjacent to the fiber-optics booster station located to the south of the property.

The property is proximate to Midway Branch and associated 100-year floodplain. Runoff from impervious surfaces created by the development can have a negative impact on water quality. A significant amount of undeveloped area is being retained between the developed portion of this site and the creek. With proper planning and design the effects of stormwater on the creek can be minimized.

The property scored 78 points on the rating system.

Staff notified 48 property owners concerning this request.

Staff recommends approval of the rezoning and review plan subject to the following conditions:

1. A stormwater plan shall be submitted with the Final Development Plan for review and approval by

Boone County Public Works and the Natural Resources Conservation Service. The plan shall minimize direct discharge of stormwater into Midway Branch and its tributaries, and maximize un-concentrated overland flow.

2. A landscaping plan shall be submitted with the final plan detailing the species and size at planting and maturity of the trees within the vegetated buffer.

Mr. McCann stated he is the civil engineer on the project representing the developer. The proposed site was chosen because it was appealing for the transportation side of ice delivery and production business. The current site the owners have is roughly 2-miles off I-70 and about 1 1/2 miles of that is gravel surface. Applicants wanted better access to the roads and have that be a paved road. That is why the proposed site is desirable because of Henderson Road, Highway 40 and I-70. Applicants would like to build a new facility with the possibility for expansion. The utilities available at this site will serve that.

Mr. Jira stated that his father owns Tiger Ice Company, the company started when Mr. Jira was 7 years old. The business delivers bagged ice to convenience stores and grocery stores around the Columbia and Jefferson City areas. Applicants have outgrown their existing facility and are looking to expand in to this area.

Commissioner Neese asked applicant about the noise from the compressors. What type of freon is used in the compressors? And what is the plant like?

Mr. Jira stated that all the machines and everything at the plant is enclosed now. The compressors will be outside. There will be trucks there; the hours of operation will be from 8:00 a.m. to 5:00 p.m. The business does not run late night shifts. There will be minimal amount of noise. That is one thing that is very appealing about the site, it is near a residential area and the business doesnít make a lot of noise and donít have a lot of existing light. The business will have a couple of dusk till dawn lights, but nothing excessive. To give an example of the noise the plant currently makes; the plant is currently 200 feet from his fatherís house. Mr. Jiraís father told him the other day that he was standing directly in between his house and the plant; his father could hear the compressors from the freezers and the trucks running. At the same tone, he could also hear the dryer vent from the house. It is going to have a little noise, but because it will be located next to the highway, there is already an existing amount of noise there and it won't be excessive.

Commissioner Neese asked the applicant what type of compressors the business will have and do they use freon.

Mr. Jira stated yes, all the systems would use freon. It will be safe to people and the environment.

Commissioner Heitkamp asked what kind of lighting would be used.

Mr. Jira stated the light the applicants are proposing would be just some dusk till dawn lights, nothing more that two lights on the side of the building. Right now, across the highway there is a driving range, those lights are extremely extensive. Applicants will have one light, maybe two.

Chairperson Smith asked if the lights would be on the building.

Mr. Jira stated yes.

Commissioner Heitkamp asked if there are lighting requirements for this.

Mr. Florea stated there are no lighting requirements.

Commissioner Neese asked if the applicants built a 1000 square foot building, does it have to sprinkled?

Mr. Florea stated he didnít know.

Mr. Jira stated 12,000 square foot either has to have a fire wall or be sprinkled. The applicants will be under 10,000. Applicants have set down with Assistant Fire Chief, Jeff Scott, Boone County Fire Protection and spoke with him about the plans and any future buildings and spoke with him about the placements of fire hydrants.

Commissioner Heitkamp asked how many trucks the applicants have.

Mr. Jira stated that currently the business has 3 trucks that make the deliveries all summer long. 5 trucks are licensed and the other 2 trucks are used for football games and big special events. One is a pickup, one is an 18-foot straight truck, and the other is a 60-foot straight truck. The other two trucks; one is a tractor-trailer with 30-foot trailer, the other is a 24-foot straight truck. Applicants donít have a lot of trucks; they are not an extremely big company.

Open to public hearing.

No one spoke in favor or opposition to the request.

Closed to public hearing.

Commissioner Caruthers asked the applicants what kind of sensitivities they have to the historic cemetery behind the building.

Mr. Jira stated there is a stream that runs behind the cemetery and through the proposed property. The plan is that everything from the center of the creek and over will be deeded to the Midway Locust Grove Church so they can utilize it for any further expansion of their cemetery. Applicants are also going to leave the existing buffer; it is an extremely thick buffer, applicants have no plans to touch the buffer. Applicants are going to put a small lagoon there, but it won't actually be in the buffer.

Commissioner Mink asked if there was anything in front between Henderson Road and the proposed tract where the driveway cuts through.

Mr. Jira stated if you are driving on the driveway directly to the left there is a telephone sub-station. There is a concrete pad with existing buildings on it. To the right as you come up the drive, there is nothing, it is a field, everything to the east of the parcel is just a field.

Commissioner Neese made and Commissioner Morgan seconded a motion to approve request by Delores Sanders Mead and Lewis V. Mead, Wanda and Sidney Powell, on behalf of Jira Heating and Cooling Service, Inc. to rezone from R-S (Single Family Residential) to ML-P (Planned Industrial).

Chairperson Smith informed the applicants that this matter will go before the County Commission on March 6, 2002 at 7:00 p.m.

Commissioner Mink stated the name of the water district is incorrect on the review plan, it is Consolidated Public Water Supply District Number 1. "Received" is misspelled.

Commissioner Mink asked staff where the driveway stem connects to Henderson, is there some provision for right of way dedication.

Mr. Florea stated the applicants are creating this tract by administrative survey but is not sure what the right of way width is at this location based on this document. There may be a right of way dedication, but it wouldnít be on the plan. There is no mechanism to accept a dedication on a review plan.

Commissioner Heitkamp made and Commissioner Neese seconded a motion to approve with staff recommendations and corrections pointed out by Commissioner Mink, request by Delores Sanders Mead and Lewis V. Mead, Wanda and Sidney Powell, on behalf of Jira Heating and Cooling Service, Inc. to approve a Review Plan of 11.85 acres, more or less, on property located at 7171 W. Henderson Rd., Columbia.

Chairperson Smith informed the applicants that this matter will go before the County Commission on March 6, 2002.

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Request by Richard T. Reams to rezone from A-1 (Agriculture) to A-2 (Agriculture) of 15.02 acres, more or less, located at 13030 N Robinson Rd., Hallsville.

Planner, Thad Yonke gave the staff report stating that this property is located 4 miles west of Hallsville and 1 mile south of Highway 124. The property is zoned A-1 (Agriculture). Property to the north, east and south is zoned A-1 also. Property to the west on the other side of Robinson Rd. is zoned A-2. There is one house on the property. The applicant is requesting that the zoning be changed to A-2. If approved, the applicant would transfer a tract of land to a family member. This site is located within the Hallsville R-4 School District. Water service is provided by Public Water District No. 4. Electric service is provided by Boone Electric Cooperative. The master plan designates this area as being suitable for agricultural purposes. There have been no previous requests submitted for this property. Staff notified 6 property owners about this request. In making a recommendation, staff notes that there is A-2 zoning across Robinson Road. Additionally, approximately Ĺ mile north of the subject tract, two tracts were rezoned to A-2 in 1997 and in 1999. It should be noted that there is limited water service available at this time, which will restrict extensive development of this property until such time as the water district makes service improvements. Staff recommends approval of this request.

Present: Richard Reams, 13030 N. Robinson Road, Hallsville.

Chairperson Smith asked applicant if there was anything he would like to add to the staff report.

Mr. Reams stated that all he wanted to do is give his brother-in-law 5 acres so he could move closer to Columbia.

Commissioner Caruthers asked if this request was simply to facilitate a family transfer.

Mr. Reams stated yes.

Open to public hearing.

No one spoke in favor of the request.

In opposition to the request:

Present: Debra Cunningham, P.O. Box 87, Hallsville.

Ms. Cunningham stated she has purchased the property to the north of the property in question. Ms. Cunningham is presently in the process of placing a home on 10 acres and opposes that the acres next to Ms. Cunninghamís being broke up in order to divide or allow spec homes to be put up in a subdivision in the future. Ms. Cunningham has one neighbor to the north and one to the south and one to the west and would like to keep rural so they donít have a lot of neighbors. Ms. Cunningham stated if she wanted a lot of neighbors, she would stay in subdivisions that are being built on Highway 124, which is Douglas Pointe some of those houses in that subdivision is on five acres.

Ms. Cunningham stated she is concerned that in the future, if another house was to be built on the acreage next to hers, she may have to give up an easement by force of Boone County if applicants decide to put a road through there to connect to the road behind her further on.

Ms. Cunningham stated she is opposed to this request.

Gary Chandlee, 13300 Robinson Road, Hallsville.

Mr. Chandlee stated he and his wife, Julie, purchased this 83-acre farm in 1998. When he purchased it, there were 5 houses between 124 West and this farm. When the Chandlees purchased the property, they moved in to the small farmhouse that was there. Some of the homes were very close to Highway 124. The owners of those homes were concerned with Mr. Chandleeís intent and how it would populate the area and the effect it would have on traffic.

Mr. Chandlee stated his intent was to sell off part of the 83 acres and had it surveyed. Mr. Chandlee stated he had concern for the neighbors so when several neighbors spoke with him about it. Mr. Chandlee stated his intent was not to develop anything less than 10-acres. In checking with Planning and Zoning at that time that was the least amount of acreage that could be on each specific tract. In talking to the water district, the water is a problem out there presently. Mr. Chandlee stated he has experienced low water pressure a number of times. However, that may upgrade down the road. Mr. Chandlee stated he had the property surveyed and sold off of that 83 acres, a ten-acre lot to his niece and nephew who built a new house; the next lot was 16-acres which he sold to his brother-in-law and they put a home there. Mr. Chandlee stated he kept 33 acres in the middle. 10-acres to the south of the Chandlees and then sold 15-acres to the Reamsí. When the Reams looked at the property in the beginning, they had expressed deeply that their concern was that they didnít want to live in an over populated area. They bought the far lot and bought 15-acres instead of 10-acres with intent to be where there are two farms adjacent to them; one to the south and one to the very back part.

Mr. Chandlee stated that his concern is, feeling he can speak for the neighborhood, no one in that area would like to see an overpopulated area. In Boone County naturally things get developed, but it was never his intent to have less than 10-acres. In the beginning when Mr. Chandlee represented these different lots, he made it quite known that it was a one-residence occupancy on each of the four tracts. Not less than a doublewide, no singlewides, and it was never to be divided any smaller than the four that had been surveyed out. Mr. Chandlee stated this is a concern by allowing this to go to two and a half-acre lots. Even though he told the other three buyers that the lots they bought could not be divided any smaller, it could open a can of worms to where each one of the buyers will want to rezone. Ms. Cunningham, who bought 10-acres, could make four two and a half-acre lots if she desired. That was always Mr. Reamsí concern in the beginning. However now, his concerns have changed.

Mr. Chandlee stated that is his reason for opposing this request.

Commissioner Neese asked Mr. Chandlee if he considered putting covenants on the property so it would restrict that usage, when the property was deeded.

Mr. Chandlee stated he thought they did, he thought those restrictions were in there. But he didnít draw anything up specifically.

Commissioner Heitkamp informed Mr. Chandlee that he may want to consult an attorney if it is not on the deed, he may be able to add covenants in future sales.

Closed to public hearing.

Mr. Reams stated that there was no stipulation made in the contract that applicants could not sell or give to any member of the family. Nothing was ever said about that, it was word of mouth between Mr. and Mrs. Chandlee and himself.

Chairperson Smith asked staff how many acres is the A-2 district to the west.

Director, Stan Shawver stated that it is A-2 zoning all the way to the west.

Commissioner Freiling asked staff under the current development regulations what is the conceivable maximum number of tracts under the A-2 zoning.

Mr. Yonke stated that under A-2 zoning, theoretically, you can get one unit for every two and a half acres if you can divide pieces in to two and a half acres that each have frontage on the public road. From a practical point of view, you can't do that without building internal roads; a maximum number would be 6 tracts.

Commissioner Sloan stated to address the gentlemanís concerns about what his neighbors might do, Commissioner Sloan asked staff to explain the zoning of the surrounding property.

Mr. Shawver stated the property to the north and south on the east side of Robinson Road is zoned A-1. About a half mile to the north a 35-acres on Highway 124, everything on that the west side of Robinson Road to Rocky Fork is A-2, which is all original zoning.

Commissioner Caruthers made and Commissioner Mink seconded a motion to approve a request by Richard T. Reams to rezone from A-1 (Agriculture) to A-2 (Agriculture) of 15.02 acres, more or less, located at 13030 N Robinson Rd., Hallsville.

Chairperson Smith informed the applicant that this matter would go before the County Commission on March 6, 2002 at 7:00 p.m.

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PLANNED DEVELOPMENTS

None.

PLAT REVIEWS

Jones Power Sports. S10-T47N-R12W. M-L.

Planner, Bill Florea gave the staff report stating that this property is located on the north side of Highway 163, just west of the intersection with U.S. 63. There is an existing commercial structure on the property, which is approximately 17,000 square feet in area. The owner has purchased one acre of land to the north of the existing lot. The purpose of this plat is to incorporate the additional land into one building lot.

The property has frontage on and direct access to Highway 163. The right of way varies from 100 to 120-feet in width at this location. Therefore, no additional right of way dedication is required on this plat. The applicant has submitted a request to waive the requirement to provide a traffic analysis.

Consolidated Public Water Supply District Number 1 provides water service.

A plan has been provided showing a suitable location for an onsite wastewater system. The applicant has submitted a request to waive the requirement to provide a wastewater cost-benefit analysis.

The Subdivision Regulations require a 50-foot building line adjacent to all state rights of way. The northeast corner of the existing building extends up to 11.95 feet into the 50-foot setback area. The Board of Adjustment has approved a variance to the 50-foot setback, limited in scope to the current encroachment.

Mr. Scott stated the owners have a company, J & H Investment Corporation, that owns the business. The lease the property to the business, which is Jones Power Sports. As staff stated, the purpose of this is to allow the applicants to treat the entire property as one building lot. Applicants do have plans to build some additional storage space, enclosed, to protect their inventory. Applicants need the plat approved before they can get a building permit for that. Applicants went through the Board of Adjustment several weeks ago and received a waiver on the setback.

Commissioner Neese asked if the 50-foot waived on the entire tract.

Mr. Scott stated no, just for the portion of the existing building that extends over the setback line. That is noted on the plat.

Commissioner Caruthers asked if any additional easements exist and if anything came up in the title search.

Mr. Scott stated not to his knowledge, the engineers, Brush and Associates were handling that. They have not informed Mr. Scott of any additional easements.

Commissioner Heitkamp made and Commissioner Freiling seconded a motion to approve with waiver requests, Jones Power Sports. S10-T47N-R12W. M-L.

Planner, Bill Florea gave the staff report stating that this property is located on the west side of Rollingwood Boulevard, south of the intersection with U.S. 40.

The lot will have direct frontage on and access to Rollingwood Blvd. A dedication, sufficient to provide a 33-foot half-width right of way will be dedicated by this plat. The applicant has submitted a request to waive the requirement to provide a traffic analysis.

Consolidated Water District Number 1 provides water service to the property.

A plan showing a suitable location for on on-site wastewater system on the property is on file. The applicant has submitted a request to waive the requirement to provide a wastewater cost-benefit analysis.

Planner, Bill Florea gave the staff report stating that this property is located on the north side of Mount Zion Church Road just east of the intersection with Hague Road. The purpose of the plat is to adjust the boundary line between two existing lots. There is an existing home on proposed Lot 2 and a home and under construction on proposed Lot 1.

Lot 1 will have access to Mt. Zion Church Road via an existing private drive that was established by the Plat of OK Farms. Lot 2 will have frontage on and direct access to Mt. Zion Church Road. Right of way, sufficient to provide a 33-foot half-width right of way will be dedicated by this plat. The applicant has submitted a request to waive the requirement to provide a traffic analysis.

Water District Number 4 provides water service in this area.

A suitable location for an on-site wastewater system is shown for each lot. The applicant has submitted a request to waive the requirement to provide a wastewater cost-benefit analysis.

The subject property was originally platted as part of OK Farms Subdivision. Therefore, before being re-platted the property owner must get approval from the County Commission to vacate and replat a portion of OK Farms Subdivision. An application for approval to vacate and replat is pending before the County Commission.

The property scored 12 points on the rating system.

Staff recommends approval of the plat and waiver requests subject to the following condition:

Prior to recording the final plat, the applicant must obtain approval from the County Commission, to vacate and replat tract 9 and part of Tract 8 of OK Farms recorded in Plat Book 11 Page 52 of the Boone County Records.

Present: Gary Crumly, owner, 7455 Mt. Zion Church Road, Columbia.

Chairperson Smith asked applicant if he had any questions or concerns regarding the staff report.

Mr. Crumly stated he didnít have any concerns. He owned 14.5 acres and are dividing it and building a house on part of it and sold off the other half of the property. They were crossing a property line and had to replat the property.

Commissioner Freiling stated that applicant is just rearranging the lot.

Planner, Bill Florea gave the staff report stating that this property is located 33 Masonic Drive, just north of the Columbia City Limits. Lot one of Scottish Rite Subdivision Plat 1 is being re-platted into two lots for the purpose of creating a second building lot. The property is bound by a pre-annexation agreement with the City of Columbia.

Both lots have frontage on and access to Masonic Drive. Masonic Drive is within the right of way for U.S. 63 North, which is over 600-feet wide at this location. Therefore, no additional right of way will be dedicated by this plat. The applicant has submitted a request to waive the requirement to provide a traffic analysis.

Planner, Thad Yonke gave the staff report stating that this 1 lot minor plat is located on the south of Dee Woods Road. The site is approximately 600 feet west of the intersection of Old Highway 63 and Dee Woods Road. The site is approximately 1/4 mile south of the municipal limits of the City of Ashland. The area being subdivided contains 3.21-acres. The property is zoned A-2 (agricultural), as is all the surrounding property. These are all the original 1973 zonings. The property is currently the site of one house. The site is one of a number of small lots along Dee Woods Road that do not meet the minimum lot size for the zoning district. The current proposal will bring this lot into compliance with the minimum lot size for the zoning district. The site is in Consolidated Water District #1 and a 6" waterline runs along the south side of Dee Woods Road. Fire hydrants are not required for minor plats containing less than 4 lots, as is the case here. The site is in the Southern Boone County School District. Sewage treatment will remain from an on-site system. A waiver from both a traffic analysis and cost benefit analysis for central sewer has been requested. Staff concurs with the granting of these waivers. The site is in the Southern Boone County Fire Protection District and Union Electric Service areas. This plat has 68 points on the point rating scale.

Staff recommends approval along with the granting of the waivers for traffic analysis and cost benefit analysis for central sewer.

Planner, Thad Yonke gave the staff report stating that this 2 lot minor plat is located at the immediate northeast corner of Boone Road and State Route F. The site is approximately 4 miles west of the municipal limits of the City of Sturgeon. The area being subdivided contains 7.13-acres out of a 20-acre parent parcel. An administrative survey has been submitted for the remainder of the property. The property is zoned A-2 (agriculture). All the surrounding property is zoned A-2 these are all original 1973 zonings. The site of the plat is currently vacant. There is a home and lagoon on the remainder of the parent tract that is being administratively surveyed. The site is in Public Water Service District #10. Fire hydrants are not required for minor plats containing less than 4 lots, as is the case here. The site is in the Sturgeon School District. Sewage treatment is to be from on-site lagoons that will have to meet Health department regulations. A waiver for cost benefit analysis for on-site vs. central wastewater systems has been requested. A traffic analysis waiver has also been requested. Staff concurs with the granting of these waivers. This plat has 23 points on the point rating scale.

Staff recommends approval along with the granting of the waivers for traffic analysis and cost benefit analysis for central sewer.

No one present to represent the plat.

Commissioner Morgan stated that applicants took a lot and split it in half?

Mr. Yonke stated the applicants are cutting three lots out of it, two along the frontage of Boone Road. Then the remaining piece that is along Route F will be done by an administrative survey because it is over 10-acres.

Request by William Tincher to rezone from A-2 (Agriculture) to M-LP (Planned Industrial) and to approve a Review Plan of 115 acres, more or less, located at the southeast corner of the intersection of Highway 63 and Benson Road, Sturgeon.

Applicant withdrew request from agenda.

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Director, Stan Shawver updated the Planning and Zoning Commission of the decisions made by the County Commission on January 3, 2002.

The Hayes conditional use permit was recommended denial by the Planning and Zoning Commission; the County Commission upheld the recommendation to deny the request.

The Sebastian rezoning request was recommended approval by the Planning and Zoning Commission; the County Commission upheld the recommendation to approve the request.

The Nichols rezoning request was recommended approval by the Planning and Zoning Commission; the County Commission upheld the recommendation to approve the request.

The Simon Development review plan was recommended approval by the Planning and Zoning Commission; the County Commission upheld the recommendation to approve the request as well as the rezoning

NEW BUSINESS

The Commissioners approved a motion for the Gans Creek water shed study.